SB302 Alabama 2010 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Co-Sponsors

Rusty GloverGeorge M. “Marc” Keahey

Session

Regular Session 2010

Title

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

Summary

SB302 lets certain probate matters be moved from probate court to circuit court and back, in counties where the probate judge is learned in the law, under specific conditions.

What This Bill Does

It allows the administration of estates, guardianships, conservatorships, or trusts to be removed from probate court to circuit court before final settlement. The circuit court must transfer the case back to probate court if the removal was meant to cause delay or did not follow the law. The circuit court can transfer back after a final order or judgment on all contested matters or if all interested parties request the return. The act applies only in counties with the probate judge learned in the law and becomes effective a few months after passage.

Who It Affects

• Heirs, devisees, legatees, distributees, executors, administrators, or administrators with the will of an estate may seek removal to circuit court, and are affected by the transfer rules.
• Settlors, beneficiaries, trustees, and interested persons in trusts may seek removal from probate to circuit court, and are affected by the transfer rules.
• Guardians and conservators of minors or incapacitated persons, as well as guardians ad litem, next friends, and those entitled to support from a ward's estate, are subject to removal and transfer rules.
• Probate judges in applicable counties and the probate and circuit courts are involved as the jurisdictions implementing these transfer processes.

Key Provisions

• Adds 12-11-41.1 to allow removal of estate administration from probate to circuit court before final settlement, with transfer back if removal was for delay or did not comply with the law, or after final orders/judgments or at the request of all interested parties.
• Adds 12-11-41.2 to allow removal of trust proceedings from probate to circuit court before final settlement, with transfer back under similar conditions and when all interested parties request.
• Adds 26-2-2.1 to allow removal of guardianship or conservatorship administration from probate to circuit court before final settlement, with transfer back under similar conditions and when all interested parties request.
• Effective date: becomes law on the first day of the third month after passage; applies only in counties where the probate judge is learned in the law.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Probate