Daniel v. Moye
224 So. 3d 115
Ala.2016Background
- Two consolidated appeals: heirs challenged wills of Bessie Mae Turner (May 17, 2010) and Claude Wilbur Moye (March 10, 2010). Both wills favored Michael Moye (grandnephew/son of Claude) and his wife Barbara.
- Bessie’s will was admitted to probate Feb. 14, 2012; Michael obtained letters testamentary. Claude died Feb. 26, 2012; his will was admitted June 26, 2012 with Michael as personal representative.
- Heirs/potential beneficiaries filed petitions contesting each will and sought removal of estate administrations from probate court to circuit court. Some pleadings were initially filed in probate, then duplicates were stamped filed in circuit clerk’s office (apparently delivered by probate staff).
- Circuit court dismissed both will-contest actions for lack of subject-matter jurisdiction, concluding (1) no proper petition for removal under Ala. Code § 12-11-41 had been filed in circuit court and (2) no valid post-probate complaints under § 43-8-199 (and Simpson requirements) had been filed.
- Alabama Supreme Court analyzed whether the filings in the circuit clerk’s office satisfied statutory/pleading requirements for (a) removal of administration to circuit court and (b) post-probate will contests, and whether equitable claims (accounting/inter vivos transfers) could proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Was the administration of the estates validly removed to circuit court under § 12-11-41? | Petitioners: the petition for removal (filed in probate and a duplicate stamped in circuit clerk’s office with fee) satisfied § 12-11-41 and invoked circuit-court removal. | Proponents: no petition was properly filed in circuit court and no court order of removal was entered; removal requirements not met. | Court: Filing the petition in the circuit clerk’s office (with attorney signature and fee) invoked § 12-11-41; circuit court must enter an order removing the administration on remand. |
| 2) Did the pleadings satisfy § 43-8-199 and Simpson to commence a post-probate will contest in circuit court? | Contestants: petitions (and amended petitions) alleged heir status, undue influence, lack of capacity, and were filed in circuit court within six months—satisfying § 43-8-199. | Proponents: pleadings were defective (caption/style, absence of explicit jurisdictional averments, failure to name or serve adverse parties), so circuit lacked contest jurisdiction. | Court: Although some jurisdictional facts were not expressly pleaded, the record (probate file scanned into circuit file), timely filing, naming of adverse parties, service on proponents’ counsel, and the petitions’ substance satisfied § 43-8-199/Simpson; dismissals reversed. |
| 3) Does a will-contest first filed in probate after probate is a nullity that cannot confer circuit jurisdiction when the probate file is transferred? | Contestants: duplicate filing in circuit court and subsequent amended complaint invoked circuit jurisdiction. | Proponents: Bond/Kelley/Simspon hold post-admission filings in probate are null and transfer cannot confer jurisdiction. | Court: Distinguishes precedent—when a clerical filing/duplicate is timely received by circuit clerk with fee, signature, and case info (not a void probate order of transfer), the circuit filing can invoke jurisdiction. Reversed. |
| 4) May equitable claims (accounting / recovery of inter vivos transfers) proceed in circuit court now? | Contestants: alleged Michael/Barbara obtained assets via undue influence and sought accounting as part of relief. | Proponents: argued premature or subsumed in will contest. | Court: Circuit court has equitable jurisdiction over such claims, but only after the court enters the required removal order (administration must be removed first); equitable claims are premature until removal is ordered. |
Key Cases Cited
- Simpson v. Jones, 460 So.2d 1282 (Ala. 1984) (sets exacting pleading requirements for post-probate will contests under § 43-8-199)
- Ex parte Barrows, 892 So.2d 914 (Ala. 2004) (copy of probate-filed contest, when properly presented in circuit clerk’s office with required elements, can invoke circuit jurisdiction)
- Bond v. Pylant, 3 So.3d 852 (Ala. 2008) (post-admission will contests filed in probate court are nullities and probate orders attempting to transfer such contests are ineffective to confer circuit jurisdiction)
- Ex parte McLendon, 824 So.2d 700 (Ala. 2001) (once § 12-11-41 pleading requirements are met, circuit court must enter an order removing the administration)
- Kelley v. English, 439 So.2d 26 (Ala. 1983) (circuit court may not obtain jurisdiction by treating a post-admission probate filing as properly transferred absent proper circuit filing)