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HB288 INTRODUCED
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HB288
BYT8D4Q-1
By Representative Robbins
RFD: Judiciary
First Read: 20-Jan-26
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BYT8D4Q-1 01/19/2026 VSM (L)ma 2025-2507
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First Read: 20-Jan-26
SYNOPSIS:
Under existing law, the probate court has
original and general jurisdiction over the
administration of decedents' estates.
Also under existing law, when certain estates
are removed from probate court to circuit court for
administration, the circuit court is bound by the
probate court's prior legal and factual conclusions.
This bill would allow the circuit court to
administer certain removed estates as a trial de novo
unless the parties agree to the probate court's record
of proceedings.
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 removal of probate estates to circuit
court; to amend Section 12-11-41, Code of Alabama 1975, to
allow the circuit court to administer removed estates as a
trial de novo unless the parties agree to the probate court
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trial de novo unless the parties agree to the probate court
record of proceedings; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-11-41, Code of Alabama 1975, is
amended to read as follows:
"§12-11-41
(a) The administration of any estate may be removed
from the probate court to the circuit court at any time after
the issuance of letters testamentary, letter of
administration, or letter of administration with the will
annexed and before a final settlement . thereof, by any heir,
devisee, legatee, distributee, executor, administrator or
administrator with the will annexed of any such estate,
without assigning any special equity; and an
(b) An order of removal must be made by the court, upon
payment of the circuit court costs and upon the filing of a
sworn petition by any such heir, devisee, legatee,
distributee, executor, administrator , or administrator with
the will annexed of any such estate ., reciting The petition
must state that the petitioner is such an heir, devisee,
legatee, distributee, executor, administrator , or
administrator with the will annexed and that, in the opinion
of the petitioner, such the estate can be better administered
in the circuit court than in the probate court.
(c) Any estate removed to the circuit court under this
section shall be administered in the circuit court as a trial
de novo unless the parties mutually agree to the record of the
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de novo unless the parties mutually agree to the record of the
proceedings in probate court. "
Section 2. This act shall become effective on October
1, 2026.
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