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AL SB48

Bill

Status

Passed

5/31/2011

Primary Sponsor

Ben Brooks

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Origin

Senate

Regular Session 2011

AI Summary

SB48 Summary

  • Allows estate administration to be transferred from probate court to circuit court in counties where the probate judge must be learned in law, at any time before final settlement proceedings commence, by heirs, executors, administrators, or other interested parties.

  • Permits circuit court to transfer guardianship or conservatorship administration from probate court to circuit court under the same conditions and timing as estate transfers.

  • Requires circuit court to remand cases back to probate court if removal was sought for improper delay or did not comply with applicable law.

  • Allows circuit court discretionary remand to probate court when all contested matters are resolved and appeal periods have expired, or when all interested parties request remand.

  • Effective on the first day of the third month following passage and gubernatorial approval.

Legislative Description

Probate court, estates, trusts, and guardianships or conservatorships, transfer to circuit court, procedures to transfer back to probate court from circuit court under certain circumstances, Secs. 12-11-41.1, 12-11-41.2, 26-2-2.1 added

Court, Probate

Last Action

Forwarded to Governor at 6:55 p.m. on May 31, 2011

5/31/2011

Committee Referrals

Judiciary3/9/2011
Judiciary3/1/2011

Full Bill Text

No bill text available