Alvarado v. Estate of Kidd

I respectfully dissent. I find Wood v. Wayman, 47 So.3d 1212 (Ala.2010), to be problematic, and I would consider overruling it. However, that request is not before us. Regardless, I do not believe Wood precludes the application of the relation-back doctrine in this case. It appears that Wood, as the main opinion notes, indicates that the appointment of a personal representative after the limitations period has expired may relate back to the filing of the petition within the limitations period if the delay in the appointment is the result of the probate court’s “inadvertence” or “dereliction.”…