SBIR: Barfoot motion to Adopt Roll Call 462
Yes
30
Absent
4
SB207 Alabama 2021 Session
Updated Feb 26, 2026
Notable
Summary
- Primary Sponsor
Will BarfootSenatorRepublican- Session
- Regular Session 2021
- Title
- Montgomery Co., judge of probate, required to be an attorney, const. amend.
- Summary
The bill would require Montgomery County's Judge of Probate to be a licensed Alabama attorney and allow that judge to hear certain probate matters with circuit-court–like authority.
What This Bill DoesIt would amend the Alabama Constitution to require the Montgomery County Judge of Probate to be an attorney licensed to practice law in Alabama, effective for judges elected or appointed after ratification. It would authorize the probate judge to exercise equity jurisdiction concurrently with the circuit court for cases originally filed in Montgomery County Probate Court, if the judge is licensed. In those cases, the probate judge would have the same powers as a circuit court judge and the case would be governed by the Alabama Rules of Civil Procedure, unless the law provides otherwise. The amendment is self-executing, but the Legislature can pass additional laws to implement it if needed.
Who It Affects- Montgomery County Judge of Probate — would be required to be an attorney licensed to practice law in Alabama.
- Residents and parties with probate cases in Montgomery County — may have their cases heard with equity powers and circuit-court–level procedures if the probate judge is an Alabama-licensed attorney.
Key ProvisionsAI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.- The Montgomery County Judge of Probate must be an attorney licensed to practice law in Alabama, effective for judges elected or appointed after ratification.
- If the judge is licensed, they may exercise equity jurisdiction concurrently with the circuit court for cases originally filed in the Montgomery County Probate Court.
- In those cases, the probate judge has the powers and authority of a circuit court judge, and the case is treated as if filed in circuit court; Alabama Rules of Civil Procedure apply unless otherwise provided by law.
- The amendment is self-executing, but the Legislature may enact additional laws to implement it if needed.
- Subjects
- Constitutional Amendments
Bill Actions
S
Assigned Act No. 2021-119.
H
Signature Requested
S
Enrolled
S
Passed Second House
H
Motion to Local Application Resolution adopted Roll Call 526
H
Motion to Read a Third Time and Pass adopted Roll Call 525
H
Third Reading Passed
H
Read for the second time and placed on the calendar
H
Read for the first time and referred to the House of Representatives committee on Montgomery County Legislation
S
Barfoot motion to adopt Local Application Resolution adopted Roll Call 464
S
Motion to Read a Third Time and Pass adopted Roll Call 463
S
Third Reading Passed
S
Read for the second time and placed on the calendar
S
Read for the first time and referred to the Senate committee on Local Legislation
Bill Text
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Votes
Barfoot motion to adopt Local Application Resolution Roll Call 464
Yes
30
Absent
4
Motion to Read a Third Time and Pass Roll Call 463
Yes
30
Absent
4
HBIR: Ingram motion to Adopt Roll Call 524
Yes
51
Abstained
42
Absent
10
Motion to Read a Third Time and Pass Roll Call 525
Yes
63
No
1
Abstained
31
Absent
8
Motion to Local Application pending Roll Call 526
Yes
48
Abstained
45
Absent
10
Documents
Bill Text (Enrolled)
SB207 Alabama 2021 Session - Enrolled
Bill Text (Introduced)
SB207 Alabama 2021 Session - Introduced
Source: Alabama Legislature