HB286 Alabama 2020 Session

Summary

Primary Sponsor

Tim WadsworthRepresentative

Republican

Session

Regular Session 2020

Title

Courts, probate courts, general jurisdiction over orphans' business deleted, const. amend.

Summary

HB286 would remove the probate court's general jurisdiction over orphans' business from the Alabama Constitution.

What This Bill Does

It proposes a constitutional amendment to delete the provision that gives probate courts in each county general jurisdiction over orphans' business. If passed, probate courts would no longer have broad authority over orphans' affairs. Estate matters where the circuit court has jurisdiction could be handled by the circuit court instead. The amendment would take effect only after voters approve it in a statewide election.

Who It Affects

• Probate courts in Alabama would lose their general jurisdiction over orphans' business.
• People involved in estates and guardianship matters (such as heirs, guardians, and administrators) might see a shift in which court handles those duties, potentially increasing the role of the circuit court.

Key Provisions

• Deletes the provision in Section 6.06 of Amendment 328, as amended, that grants probate courts general jurisdiction over orphans' business.
• Maintains that when the circuit court has jurisdiction of the settlement of an estate, it may perform all necessary actions for that settlement, including appointment and removal of administrators, executors, guardians, and trustees and action on resignations.
• Requires a statewide election for adoption of the amendment, with ballot language describing the change and Yes/No options.
• A majority vote by qualified electors is needed for the amendment to become part of the Constitution.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments