SB48 Alabama 2011 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Co-Sponsor

Rusty Glover

Session

Regular Session 2011

Title

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

Description

Under existing law, the administration of an estate or a guardianship or conservatorship may be removed from the probate court to the circuit court at any time before a final settlement of the estate. Existing law does not provide for the transfer of the estate or guardianship or conservatorship back to probate court from circuit court. Also, existing law does not provide for the transfer of a trust from probate court to circuit court.

This bill would provide that in any county where the judge of probate is required to be learned in the law, the administration of an estate, a trust, or a conservatorship or guardianship may be removed from probate court to circuit court at any time before a proceeding on final settlement is commenced in probate court. The bill would provide that the administration of the estate, a trust, or a guardianship or conservatorship would be transferred back to probate court if the circuit court finds the removal was sought for the purpose of improper delay or did not comply with applicable law and would authorize these proceedings to be transferred back to probate court if the circuit court has issued a final order or judgment on all contested matters pending before the circuit court, or if all of the parties request the proceeding to be transferred back to the probate court.

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Subjects

Court, Probate