HB395 Alabama 2025 Session

Summary

Primary Sponsor

Terri CollinsRepresentative

Republican

Session

2025 Regular Session

Title

Morgan County, qualifications of judge of probate further provided for, Constitutional Amendment

Summary

HB395 would require Morgan County's judge of probate to be an Alabama-licensed attorney and would authorize circuit court–level equity powers in certain probate cases.

What This Bill Does

If ratified, the Morgan County Judge of Probate must be an attorney licensed to practice in Alabama, starting with the term after ratification. The judge could exercise equity jurisdiction concurrent with the circuit court for probate cases originally filed in Morgan County Probate Court, provided the judge is licensed to practice law in Alabama. In such cases, the judge would have the powers and authority of a circuit court judge trying the case, and the case would be treated the same as a circuit court case, with the Alabama Rules of Civil Procedure applying unless law says otherwise. The amendment is self-executing, and the Legislature may enact implementing laws if needed; election procedures and administrative steps are described in the bill.

Who It Affects

• Morgan County Judge of Probate: would be required to be an Alabama-licensed attorney and could gain circuit court–level equity powers for probate cases.
• Residents of Morgan County who rely on probate services: may see probate cases handled using circuit court–type procedures when the judge exercises equity jurisdiction.

Key Provisions

• Part 1: The Judge of Probate of Morgan County shall be an attorney licensed in Alabama, effective for the term of office beginning after ratification.
• Part 2: The Judge of Probate of Morgan County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Morgan County if the judge is licensed to practice law in Alabama.
• In such cases, the judge 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 it if needed.
• Upon ratification, the Code Commissioner shall number and place this amendment appropriately in the constitution and may make nonsubstantive revisions (capitalization, punctuation, etc.).
• An election will be held to ratify the amendment under specified constitutional sections, with ballot language describing the measure.

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 Statewide; Morgan County