SB256 Alabama 2020 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Bobby D. SingletonSenator
Democrat
Session: Regular Session 2020
Title: Marengo Co., judge of probate authorized to exercise equity jurisdiction under certain conditions, const. amend.
Summary: SB256 would let the Marengo County Judge of Probate hear certain probate cases with the same authority as a circuit court judge, if the judge is a member of the Alabama State Bar.
What This Bill Does
This constitutional amendment allows the Marengo County Judge of Probate to exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Marengo County Probate Court, provided the judge is an Alabama State Bar member. In those cases, the judge would have the same power as a circuit court judge, and the case would be handled like a circuit court case, with the Alabama Rules of Civil Procedure applying unless a specific law says otherwise. The change is self-executing, but the Legislature can pass additional laws to implement it.

Who It Affects
The Judge of Probate, Marengo County, who is an Alabama State Bar member, by gaining concurrent equity jurisdiction in eligible cases.
Parties with cases originally filed in the Marengo County Probate Court, who could have their cases heard using circuit court-style equity procedures instead of probate-only procedures.

Key Provisions
The Judge of Probate of Marengo County may exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Marengo County Probate Court, if the judge is a member of the Alabama State Bar.
In such cases, the judge has the power and authority of a circuit court judge trying the case, the case is treated like a circuit court case, and the Alabama Rules of Civil Procedure apply unless otherwise provided by law; the amendment is self-executing and can be further implemented by the Legislature.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Marengo County