SB48 Alabama 2011 Session

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

Relating to the administration of estates, trusts, and guardianships or conservatorships in probate court; to add Sections 12-11-41.1 and 26-2-2.1 to the Code of Alabama 1975, to provide that in any county where the judge of probate is required to be learned in the law, the administration of an estate or a guardianship or conservatorships may be transferred to circuit court at any time before the proceeding on final settlement commences and to provide for the transfer of the administration of the estate or a guardianship or conservatorships back to probate court under certain circumstances; and to add Section 12-11-41.2 to the Code of Alabama 1975, to authorize, in any county where the judge of probate is required to be learned in the law, the removal of a trust from probate court to circuit court and for the transfer back to probate court in a similar manner as provided for estates and guardianships or conservatorships.