(a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed.
(b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be probated or rejected in such probate court as such judgment may be for or against the validity of the will.
(c) If, on the removal of the trial, the costs are directed to be paid out of the estate, a bill of costs must be made out by the judge of probate trying the same and certified to the judge of probate of the county from which the trial was removed; and such bill of costs may be taxed by motion in the court in which the trial was had, and the same may be recertified to such judge of probate.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Division 3 - Contesting Validity of Will.
Section 43-8-190 - Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.
Section 43-8-191 - Time for Trial; Continuance; Summoning Witnesses.
Section 43-8-192 - Drawing and Summoning of Jurors; Penalty for Default.
Section 43-8-193 - Proceedings Against Defaulting Witness.
Section 43-8-194 - Depositions of Witnesses; Rules Governing Procedure.
Section 43-8-195 - Admission or Rejection of Will.
Section 43-8-197 - Change of Venue.
Section 43-8-199 - Contest in Circuit Court After Admission to Probate - Generally.