HB288 • 2026

Removal of estate to circuit court; trial de novo

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Robbins
Last action: 2026-01-20
Official status: Pending Committee Action in House of Origin
Effective date: Not listed

Plain English Breakdown

The official text confirms all claims in the candidate explanation are supported by Sections 1 and 2 of HB288.

HB288: Changing How Estate Cases Move from Probate to Circuit Court

This bill changes the rules so that when an estate case moves from probate court to circuit court, it starts over as a new trial unless everyone agrees to use the old records.

What This Bill Does

Allows certain estates to move from probate court to circuit court after letters of administration are issued but before final settlement.
Requires anyone moving an estate case to file a sworn petition and pay circuit court costs.
Changes the rule so that removed cases start as a new trial in circuit court instead of following old decisions.
Allows parties to skip the new trial if they all agree to accept the probate court's existing record.
Updates legal language for style without changing other parts of the law.

Who It Names or Affects

Heirs, devisees, legatees, and distributees involved in estate cases
Executors and administrators handling decedents' estates
Probate courts that currently handle these administrations
Circuit courts that will receive the transferred cases

Terms To Know

Trial de novo: A new trial where the court reviews all facts and law again as if no previous decision existed.
Probate court: The specific court that handles wills, estates, and guardianships under current Alabama law.
Letters testamentary or administration: Official documents given by a court to authorize someone to manage an estate after death.

Limits and Unknowns

The bill only applies if the parties do not agree to use the probate court's existing record.
This law will take effect on October 1, 2026, so it does not apply before that date.

Bill History

2026-01-20 House
Pending Committee Action in House of Origin
2026-01-20 House
Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Removal of estate to circuit court; trial de novo

Current Bill Text

Read the full stored bill text

HB288 INTRODUCED
Page 0
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
Page 1
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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HB288 INTRODUCED
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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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HB288 INTRODUCED
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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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