SB75 Alabama 2022 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2022

Title

Probate Courts, jurisdiction further provided including for name changes for minors and elder abuse protection orders and enforcement, Secs. 38-9-3.1, 38-9-6.1 added; Secs. 12-13-1, 38-9-2, 38-9F-4 am'd.

Summary

SB75 broadens probate court powers in Alabama to handle name changes for adults and minors, authorizes elder abuse protection orders and certain Adult Protective Services matters through probate courts, and allows concurrent jurisdiction with circuit courts.

What This Bill Does

Expands probate court authority to include name changes for adults and minors and to address certain Adult Protective Services matters related to protective services. Creates concurrent original and general jurisdiction between probate court and circuit court for matters in Chapter 38-9 and sets up a process to move cases from probate court to circuit court when needed. Authorizes designated probate judges to issue elder abuse protection orders under specified conditions, expanding who can issue such orders. Updates definitions and language in the related statutes to reflect current terms and practices, with an effective date set after a short delay.

Who It Affects

• Adults and minors in Alabama who may request a name change through the probate system and their families or guardians (and elderly or protected persons who may be protected under elder abuse provisions).
• Probate court judges (and other courts, including circuit and district courts) and state agencies involved in protective services, who administer and enforce name-change processes, elder abuse orders, and related jurisdictional changes.

Key Provisions

• Adds 38-9-3.1 to establish concurrent original and general jurisdiction between probate and circuit courts for all matters in this chapter.
• Adds 38-9-6.1 to allow removal of a case from probate court to the circuit court after filing a petition but before a hearing, with steps: file removal notice, serve parties, file with probate clerk; jurisdiction then vests in circuit court.
• Amends 12-13-1 to include adult and minor name changes under probate court jurisdiction (with required consents for minors and other conditions).
• Amends 38-9-2 to redefine terms for Adult Protective Services, elder abuse, protected person, and related concepts used in protection proceedings.
• Amends 38-9F-4 to authorize designated probate judges to issue elder abuse protection orders, in addition to circuit, district, and special circuit court judges.
• Provides that the act becomes effective on the first day of the third month after passage, and notes nonsubstantive revisions to update code language.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts