SB68 Alabama 2021 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2021

Title

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

Summary

SB68 would amend Alabama's constitution to remove probate courts' general authority over orphans' business.

What This Bill Does

It would delete the provision that gave probate courts in each county general jurisdiction over orphans' business. Probate courts would still handle other duties like adoptions, letters testamentary, administration, and guardianships as provided by law, but the specific control over orphans' business would be removed. If the circuit court has jurisdiction over an estate's settlement, that court would have the power to complete the settlement, including appointing or removing administrators, executors, guardians, and trustees, and handling resignations. The change would take effect only if voters approve the constitutional amendment in a statewide election.

Who It Affects

• Orphans, guardians, and families involved with orphans' business, who would lose probate courts' general oversight in that area.
• Probate courts and circuit courts in Alabama, where probate courts would lose some authority over orphans' business and circuit courts may take on more estate-settlement duties when they have jurisdiction.

Key Provisions

• Deletes the provision granting probate courts a general jurisdiction over orphans' business in each county.
• Preserves (subject to law) probate court functions such as adoptions, letters testamentary, administration, and guardianships, while clarifying that circuit courts may handle estate settlements when they have jurisdiction.

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

Subjects

Constitutional Amendments