SB302 Summary

• Allows estate administration to be removed from probate court to circuit court in counties where the judge of probate must be learned in the law, at any time before final settlement proceedings commence, by heirs, devisees, legatees, executors, or administrators without needing to assign special equity.

• Requires circuit court to transfer estate administration back to probate court if removal was sought for improper delay or failed to comply with applicable law, and permits transfer back if all contested matters are resolved with no pending appeals or if all interested parties request the transfer.

• Authorizes removal of trust proceedings from probate court to circuit court by settlors, beneficiaries, trustees, or interested persons upon filing a sworn petition stating the proceeding can be better administered in circuit court, with similar transfer-back provisions as estates.

• Permits guardianship and conservatorship administration to be removed from probate court to circuit court by guardians, conservators, guardians ad litem, or next friends before final settlement proceedings commence, with identical conditions for transferring back to probate court.

• Allows removed matters to be removed again to circuit court after being transferred back to probate court, and becomes effective on the first day of the third month following passage and approval by the Governor.