SB212 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Cam Ward
Republican
Co-Sponsors: Gerald O. Dial Clay Scofield Phillip W. Williams Bill Holtzclaw Paul Bussman Dick Brewbaker Shadrack McGill Jimmy Holley Scott Beason Arthur Orr Rusty Glover Paul Sanford Ben H. Brooks J.T. Waggoner Bryan Taylor
Session: Regular Session 2011
Title: Wrongful Death Act, venue by personal representative of deceased, in county where the suit could be filed if deceased were still living, Sec. 6-5-410 am'd. (2011-20341)
Summary: SB212 tightens where a wrongful death case can be filed by the deceased's personal representative by limiting venue to counties where the deceased could have sued if alive, and clarifies timing and damages rules.
What This Bill Does
The bill amends the Wrongful Death Act to allow the personal representative to file a wrongful death claim only in a Alabama county where the deceased could have filed if they had not died. The case does not end if the defendant dies and may be revived against the defendant's representative. Damages recovered belong to the estate, are not used to pay the deceased's debts, and are distributed according to the statute of distributions. The action must be filed within two years of death. The venue rule follows specific sections for where the deceased could have sued, and Rule 82 remains unaffected. The act applies to actions filed after the effective date, with the effective date being immediate after approval.

Who It Affects
Personal representatives/estates of the deceased — may bring a wrongful death claim, but only in a county where the deceased could have filed if alive, within two years of death.
Defendants and their estates — the wrongful death action can continue even if the defendant dies, and may be revived; damages go to the estate distribution rather than the deceased's debts; venue is restricted by the new rule.

Key Provisions
Venue narrowed: the action may only be filed in a county where the deceased could have commenced an action for the wrongful act if death had not occurred (per 6-3-7 or 6-3-2).
Two-year limit: the action must be commenced within two years from the death of the testator or intestate.
Abatement and revival: the action does not abate due to the defendant's death and may be revived against the defendant's personal representative.
Damages: recovered damages are not subject to the deceased's debts or liabilities and must be distributed according to the statute of distributions.
Scope of applicability: the act applies to actions filed after the act's effective date, which is immediate upon passage and approval.
Relation to existing rules: the new venue rule does not override Rule 82 of the Alabama Rules of Civil Procedure.

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