HB84 Alabama 2026 Session

Summary

Primary Sponsor

Matthew HammettRepresentative

Republican

Session

2026 Regular Session

Title

Covington County, judge of probate authorized to exercise equity jurisdiction under certain conditions, Constitutional Amendment

Summary

HB84 proposes a constitutional amendment to allow Covington County's Judge of Probate to exercise equity jurisdiction concurrently with the circuit court in certain probate cases, if the judge is licensed to practice law in Alabama.

What This Bill Does

If approved, the Covington County Judge of Probate could hear equity matters originally filed in Covington County Probate Court alongside the circuit court. The judge would have the same power as a circuit court judge to try the case, and the case would be treated as if filed in circuit court. The Alabama Rules of Civil Procedure would apply to these cases unless the law provides otherwise. The amendment is self-executing, and the Legislature could pass implementing laws if needed.

Who It Affects

• Residents of Covington County with probate-related matters, who could have equity disputes heard by the local Judge of Probate instead of traveling to the circuit court (if eligible).
• The Covington County Judge of Probate (who must be licensed to practice law in Alabama) who would gain concurrent equity jurisdiction and circuit‑level authority in these cases.

Key Provisions

• Grants Covington County's Judge of Probate concurrent equity jurisdiction with the circuit court in cases originally filed in Covington County Probate Court, provided the judge is licensed to practice law in Alabama.
• In those cases, the probate judge has the power and authority of a circuit court judge trying the case, and the case is treated in all respects as if filed in circuit court; the Alabama Rules of Civil Procedure apply unless otherwise provided by law.
• The amendment is self-executing and may be followed by implementing laws; the Legislature may enact additional measures to implement the change if needed; upon ratification, the Code Commissioner will place the amendment in the constitution and may make nonsubstantive revisions for style and consistency.
• An election will be held to approve or reject the amendment, with standard constitutional ballot language; the amendment becomes valid only after a majority of qualified electors voting on it approve.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Covington County