House Bill 264 Alabama 2026 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2026 Regular Session

Title

Decedents' estates, will contests, removal to circuit court authorized

Summary

HB264 would let an interested person move certain probate matters—will contests and decedent estate administrations—from probate court to the circuit court in counties without concurrent equity jurisdiction, and it updates some wording in the law.

What This Bill Does

The bill allows removal of will contests and estate administrations from probate court to the circuit court for the county where the case is pending, but only in counties without concurrent equity jurisdiction between the two courts. Will contests must follow existing removal rules, and administrations cannot be removed before letters are issued or after steps toward final settlement have begun. It details the removal process, outlines when the circuit court gains jurisdiction, and adds provisions for possible remand, costs, and attorney fees if removal is improper, plus nonsubstantive technical language updates with an effective date of October 1, 2026.

Who It Affects

• Will contestants and other interested parties (e.g., beneficiaries) who would have the option to move a case from probate court to circuit court in eligible counties.
• Probate courts, circuit courts, and their attorneys who handle decedent estates and will contests, who would see changes in jurisdiction, filing requirements, potential remand procedures, and possible cost-shifting for improper removals.

Key Provisions

• Amends Section 43-8-216 to allow removal of will contests and estate administration to the circuit court in counties without concurrent equity jurisdiction between probate and circuit courts.
• Removal limitations: (i) will contests must comply with Section 43-8-215; (ii) administration removals cannot occur before letters are issued and cannot occur after steps toward final settlement.
• Procedural steps: the removing party files a notice of removal in the circuit court with required information; the probate court provides the record and notifies interested persons; the circuit court gains jurisdiction once the notice is filed.
• Remand and costs: the circuit court may remand for improper delay or noncompliance and may award costs and attorney fees against vexatious removals, with specific factors guiding the award.
• Effective date and style updates: the act becomes effective October 1, 2026 and includes nonsubstantive technical revisions to update language.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property & Estates