HB204 Alabama 2021 Session

Summary

Primary Sponsor

Tim WadsworthRepresentative

Republican

Session

Regular Session 2021

Title

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

Summary

HB204 would propose a constitutional amendment to remove probate courts' general jurisdiction over orphans' business in Alabama.

What This Bill Does

If approved, the amendment would delete the provision that gives probate courts in each county general jurisdiction over orphans' business. As a result, when an estate is being settled, the circuit court would have the power to handle all necessary tasks, including appointing and removing administrators, executors, guardians, and trustees, and managing resignations. Probate courts would lose that broad authority, with any related powers to be defined by future laws. The change would go into effect only if a majority of voters approves the amendment in an election.

Who It Affects

• Probate courts in each Alabama county would lose their general jurisdiction over orphans' business.
• Orphans and their families may see changes in how guardianships, estates, and related matters are handled, with circuit courts taking on those duties when estates are settled.

Key Provisions

• Proposes an amendment to delete the provision granting probate courts general jurisdiction over orphans' business.
• If the circuit court handles the settlement of an estate, it would have the power to perform all necessary tasks for that settlement, including appointing/removing administrators, executors, guardians, and trustees, and handling resignations.
• The amendment would require approval by a majority of voters in a statewide election to become part of the Constitution.
• Ballot language and election description would be used to describe the proposed amendment to voters.

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