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HB264 INTRODUCED
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HB264
U9RQ8XX-1
By Representative Robbins
RFD: Judiciary
First Read: 15-Jan-26
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U9RQ8XX-1 12/22/2025 VSM (L)ma 2025-3766
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First Read: 15-Jan-26
SYNOPSIS:
Under existing law, the administration of an
estate or a will contest may be removed to the circuit
court in the county where the proceeding is pending
unless the probate court or judge has concurrent
equitable jurisdiction with the circuit court.
This bill would allow removal of estate
administration and will contests to the circuit court
without assigning any special equity, provided the
probate court and circuit court do not have concurrent
jurisdiction.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to decedents' estates; to amend Section
43-8-216, Code of Alabama 1975; to allow will contests and
estate administration to be removed to probate court without
assigning special equity; and to make nonsubstantive,
technical revisions to update the existing code language to
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technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 43-8-216, Code of Alabama 1975, is
amended to read as follows:
"§43-8-216
(a) Except for a proceeding pending in a probate court
in a county where the probate court or judge exercises equity
jurisdiction concurrent with that of the circuit court by
virtue of a provision of the Constitution of Alabama of 2022,
specific to such county, a local act, or a statute specific to
such county, a proceeding in a probate court pertaining to a
will contest or an administration of a decedent's estate may
be removed by an interested person to the circuit court for
the county where the proceeding in probate court is pending
without assigning any special equity ; provided, however: (i)
no removal of a will contest under this section can occur
unless Section 43-8-215 is complied with; and (ii) a removal
of the administration of a decedent's estate under this
section may not be made prior to the issuance of letters
testamentary, letters of administration, or letters of
administration with the will annexed or after the probate
court has taken steps toward a final settlement.
(b) To remove a proceeding from the probate court to
the circuit court, the removing party shall file in the
circuit court to which the proceeding is being removed, a
notice of removal that contains all of the following:
(1) A description of the nature of the proceedings
being removed.
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being removed.
(2) If the proceeding is a will contest under this
division, the name of the person who has petitioned to admit
the will to probate, who will be the plaintiff in the removed
proceeding, and the person contesting the validity of the
will, who will be the defendant in the removed proceeding.
(3) Whether jury trial is demanded.
(4) The removing party's interest in the proceeding
being removed.
(5) The name of all interested persons to the
proceeding being removed to which the removing party is
delivering the notice of removal.
(c) Once the removing party has filed the notice of
removal with the clerk of the circuit court, the proceeding
shall be removed to the circuit court. Following the removal
to the circuit court, the removing party shall file a copy of
the notice of removal with the clerk of the probate court and
shall send a copy of the notice of removal to all interested
persons listed therein. Upon receiving a copy of the notice of
removal, the probate court shall take no further action unless
and until the removed proceeding is remanded, except to
deliver a copy of the record in the probate court to the clerk
of the circuit court. The circuit court shall have
jurisdiction of a removed proceeding upon filing of the notice
of removal with the circuit clerk. Neither the omission nor
incorrect statement of any information required to be included
in the notice of removal, nor the failure of the probate court
to deliver a copy of the record of proceedings in that court,
shall deprive the circuit court of jurisdiction to hear and
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shall deprive the circuit court of jurisdiction to hear and
decide the removed proceeding.
(d) If a necessary party to the proceedings has not
received notice of the proceeding as required by law before
the notice of removal is filed, notice of the proceeding must
be issued by the circuit court to the necessary party as
provided in the Alabama Rules of Civil Procedure or as
otherwise prescribed by law.
(e) The circuit court may remand the removed proceeding
under this section to the probate court if the circuit court
finds any of the following:
(1) The removal was sought for the purpose of improper
delay.
(2) The removal did not comply with applicable law.
(3) Judgment on all contested matters pending before
the circuit court has become final and the time for an appeal
has expired without an appeal being filed or, if an appeal was
filed, after the final adjudication of the appeal.
(4) All interested parties or their representatives
have requested the removed proceeding be remanded to probate
court.
(f) If the circuit court finds that a lawyer an
attorney or party vexatiously or for improper purposes removed
a proceeding, then the court may tax the lawyer attorney or
party with the costs of the proceeding. In doing so, the
circuit court may assess the full amount or any portion of the
costs against any offending lawyer attorney or party, or both,
and among them, as the court determines just. When granting an
award of costs and lawyer fees, the court shall specifically
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award of costs and lawyer fees, the court shall specifically
state the reasons for the award and shall consider the factors
in Section 12-19-273, among others, in determining whether to
assess lawyer attorney fees and costs and the amount to be
assessed.
(g) Costs of an action that may be assessed under
subsection (f) include reasonable compensation for and
expenses incurred by a lawyer an attorney , guardian ad litem,
or party, including the cost of experts to testify in or
advise regarding the proceeding. Costs taxed assessed under
this subsection shall be limited to those incurred by the
parties opposing an improperly removed proceeding or incurred
as a result of the improperly removed proceeding.
(h) Upon entry of an order taxing assessing costs under
subsection (f), the clerk of the circuit court shall issue an
itemized bill of all costs and expenses taxed against each
person, which itemized statements of costs and expenses shall
have the full force and effect of a judgment. The provisions
of this subsection are cumulative.
(i) Following remand by the circuit court, the clerk of
the circuit court shall deliver a copy of the order of remand
and the record of all proceedings in the circuit court to the
clerk of the probate court to be filed with the records of the
proceeding in the probate court, and the probate court shall
proceed with the proceeding in accordance with the circuit
court's order.
(j) In any proceeding removed from a probate court, the
circuit court may issue all necessary orders and process to
bring before it all proper parties whether served by process
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bring before it all proper parties whether served by process
issued by the probate court or otherwise.
(k) Neither remand nor anything else shall prevent the
subsequent removal of a proceeding to the circuit court under
this section."
Section 2. This act shall become effective on October
1, 2026.
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