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HB371 • 2026

Pike County, judge of probate; authorized to exercise equity jurisdiction under certain conditions, Constitutional Amendment

Pike County, judge of probate; authorized to exercise equity jurisdiction under certain conditions, Constitutional Amendment

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Paramore
Last action
2026-02-24
Official status
Enacted
Effective date
Effective

Plain English Breakdown

The official text confirms the amendment is self-executing but allows for future legislation, so no uncertainty remains about whether extra laws are possible.

Pike County Probate Judge Equity Powers Amendment

This bill proposes a change to the Alabama Constitution that allows the Pike County Judge of Probate to handle certain legal cases usually decided by circuit courts if they are licensed lawyers.

What This Bill Does

  • Allows the Pike County Judge of Probate to exercise equity jurisdiction in specific cases filed in their court.
  • Requires the judge to be a licensed attorney in Alabama to use this new power.
  • Gives the probate judge the same authority as a circuit court judge for these cases.
  • Treats these cases exactly like they were originally filed in circuit court.
  • Applies standard civil procedure rules unless other laws say otherwise.

Who It Names or Affects

  • The Judge of Probate in Pike County
  • People filing legal cases in the Pike County Probate Court

Terms To Know

Equity jurisdiction
The power to decide fair solutions for disputes, often involving money or property rights.
Concurrent with circuit courts
Having the same authority as a circuit court at the same time.

Limits and Unknowns

  • This change only applies to Pike County and not other counties in Alabama.
  • The amendment does not take effect until voters approve it by majority vote.
  • While the amendment works on its own, lawmakers may still pass extra laws if needed.

Bill History

  1. 2026-02-24 Senate

    Chambliss Local Certification Resolution - Adopted Roll Call 523 (Yeas 31, Nays 0)

  2. 2026-02-24 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 522 (Yeas 31, Nays 0)

  3. 2026-02-24 Senate

    Third Reading in Second House (Yeas 31, Nays 0)

  4. 2026-02-24 House

    Enacted

  5. 2026-02-24 House

    Sent to Secretary of State

  6. 2026-02-24 House

    Delivered to Governor

  7. 2026-02-24 Senate

    Signature Requested

  8. 2026-02-24 House

    Enrolled

  9. 2026-02-24 House

    Ready to Enroll

  10. 2026-02-19 Senate

    Read for the Second Time and placed on the Calendar

  11. 2026-02-19 Senate

    Reported Out of Committee Second House

  12. 2026-02-12 House

    LocalCertificationResolutionAdopted (Yeas 63, Nays 0)

  13. 2026-02-12 House

    Motion to Read a Third Time and Pass - Adopted Roll Call 379 (Yeas 65, Nays 0)

  14. 2026-02-12 House

    Third Reading in House of Origin (Yeas 61, Nays 0)

  15. 2026-02-12 Senate

    Pending Committee Action in Second House

  16. 2026-02-12 Senate

    Read for the first time and referred to the Senate Committee on Local Legislation

  17. 2026-02-10 House

    Read for the Second Time and placed on the Calendar

  18. 2026-02-10 House

    Reported Out of Committee House of Origin

  19. 2026-02-03 House

    Pending Committee Action in House of Origin

  20. 2026-02-03 House

    Read for the first time and referred to the House Committee on Local Legislation

Official Summary Text

This act proposes an amendment to the Constitution of Alabama of 2022, relating to Pike County, to allow the Judge of Probate of Pike County to exercise equity jurisdiction concurrent with that of circuit courts in cases filed in the Probate Court of Pike County if the judge of probate is licensed to practice law in the state.

Current Bill Text

Read the full stored bill text
HB371 ENROLLED
Page 0
HB371
L52R9WW-2
By Representative Paramore (Constitutional Amendment)
RFD: Local Legislation
First Read: 03-Feb-26
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HB371 Enrolled
Page 1
First Read: 03-Feb-26
Enrolled, An Act,
To propose an amendment to the Constitution of Alabama
of 2022, relating to Pike County, to authorize the Judge of
Probate of Pike County to exercise equity jurisdiction
concurrent with certain circuit court cases if the judge of
probate is a licensed attorney in the State of Alabama.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
The Judge of Probate of Pike County may exercise equity
jurisdiction concurrent with that of the circuit court in
cases originally filed in the Probate Court of Pike County if
the judge of probate is a licensed attorney in the State of
Alabama. In any case subject to this amendment, the judge of
probate shall possess the power and authority of a circuit
court judge trying the case, and the case shall be treated in
all respects in the same manner as a case filed in circuit
court. The Alabama Rules of Civil Procedure shall apply in the
cases except as otherwise specifically provided by law. This
amendment is self-executing, but the Legislature may enact
additional laws to implement this amendment if needed.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
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HB371 Enrolled
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change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Pike County, proposing an amendment to the
Constitution of Alabama of 2022, to authorize the Judge of
Probate of Pike County to exercise equity jurisdiction
concurrent with that of the circuit court in cases originally
filed in the Probate Court of Pike County if the judge of
probate is a licensed attorney in the State of Alabama.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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HB371 Enrolled
Page 3
a majority of the qualified electors voting thereon.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 12-Feb-26.
John Treadwell
Clerk
Senate 24-Feb-26 Passed
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