AL HB264

Allows will contests and estate administration proceedings to be removed from probate court to circuit court without requiring a showing of "special equity," provided the two courts do not have concurrent jurisdiction in that county

Removal is not permitted in counties where the probate court has equity jurisdiction concurrent with the circuit court under the Alabama Constitution, local acts, or county-specific statutes

Estate administration removal cannot occur before letters testamentary or administration are issued, or after the probate court has begun final settlement

Circuit court may remand cases back to probate court if removal was sought for improper delay, failed to comply with law, all contested matters are resolved, or all parties request remand

Effective date: October 1, 2026