SB382 Alabama 2016 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2016

Title

Baldwin Co.,judge of probate required to be an attorney, probate court authorized to exercise equity jurisdiction in probate cases, const. amend.

Summary

A Baldwin County local constitutional amendment would require the Baldwin County Judge of Probate to be an Alabama attorney and would authorize the Probate Court to exercise equity jurisdiction in probate cases.

What This Bill Does

If adopted, the Baldwin County Judge of Probate must be an Alabama-licensed attorney. The Baldwin County Probate Court would be able to hear equity matters in probate cases, with the judge having powers like a circuit court judge and handling the cases as circuit court cases. Alabama Rules of Civil Procedure would apply to these cases unless a different law says otherwise. The amendment is local and self-executing, with potential for additional implementing laws by the Legislature.

Who It Affects

• The Judge of Probate of Baldwin County, who would be required to be an Alabama attorney.
• Residents and parties involved in Baldwin County probate cases, whose cases could be decided with equity powers and circuit court–style procedures in the Probate Court of Baldwin County.

Key Provisions

• The Judge of Probate of Baldwin County shall be an attorney licensed in Alabama.
• The Judge of Probate of Baldwin County may exercise equity jurisdiction concurrent with the circuit court in probate cases originally filed in the Baldwin County Probate Court.
• In such cases, the probate judge has the power and authority of a circuit court judge, and the case is treated in all respects as if filed in circuit court.
• The Alabama Rules of Civil Procedure apply to these cases unless otherwise provided by law.
• The amendment is self-executing, but the Legislature may enact additional laws to implement it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments