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AL SB195

Bill

Status

Passed

3/12/2026

Primary Sponsor

Rodger Smitherman

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Amends Section 43-8-216 of the Code of Alabama to allow will contests and estate administration proceedings to be removed from probate court to circuit court without assigning special equity

  • Removal requires filing a notice with the circuit court that includes the nature of proceedings, parties involved, whether jury trial is demanded, and all interested persons

  • Excludes counties where probate courts already exercise equity jurisdiction concurrent with circuit courts under the Constitution of Alabama of 2022 or local acts

  • Circuit court may remand cases back to probate court if removal was sought for improper delay, did not comply with law, all contested matters are resolved, or all parties request remand

  • Effective date: October 1, 2026

Legislative Description

Decedents' estates, will contests, removal to circuit court authorized

Property & Estates

Last Action

Enacted

3/12/2026

Committee Referrals

Judiciary2/5/2026
Judiciary1/21/2026

Full Bill Text

No bill text available