HB228 Alabama 2021 Session

Summary

Primary Sponsor

Charlotte Meadows

Republican

Session

Regular Session 2021

Title

Montgomery Co., judge of probate, required to be an attorney, const. amend.

Summary

A constitutional amendment requiring Montgomery County's Judge of Probate to be an Alabama-licensed attorney and granting that judge concurrent equity jurisdiction with the circuit court in certain probate cases.

What This Bill Does

Requires that the Montgomery County Judge of Probate be an attorney licensed to practice law in Alabama. Allows that judge to exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Montgomery County Probate Court, if the judge is an Alabama-licensed attorney. In those cases, the judge would have the power and authority of a circuit court judge and the case would be treated like a circuit court case, with the Alabama Rules of Civil Procedure applying unless otherwise provided.

Who It Affects

• Montgomery County Judge of Probate — must be an Alabama-licensed attorney and gains concurrent equity jurisdiction in specified probate cases.
• Parties involved in probate cases in Montgomery County (and Alabama lawyers) — their cases could be heard under circuit court-equity rules with similar procedures.

Key Provisions

• The Montgomery County Judge of Probate shall be an attorney licensed to practice law in Alabama, effective upon the election or appointment of any judge of probate after ratification.
• The Judge of Probate may exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Montgomery County Probate Court if the judge is an attorney licensed to practice law in the State of Alabama.
• In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects the same as a case filed in circuit court; the Alabama Rules of Civil Procedure shall apply unless otherwise provided by law.
• This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment if needed.

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