House Bill 288 Alabama 2026 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2026 Regular Session

Title

Removal of estate to circuit court; trial de novo

Summary

HB288 would let circuit court take over certain probate estates removed from probate court and conduct a new trial (de novo) unless the parties choose to use the probate court’s record, with a later effective date and some updates to the language.

What This Bill Does

It would amend Section 12-11-41 to allow removal of estate administration from probate court to circuit court at any time after letters are issued and before final settlement, by heirs, devisees, legatees, distributees, executors, administrators, or administrators with will annexed, upon payment of circuit court costs and filing a sworn petition. The petition must state the petitioner’s role and that, in their view, the estate can be better administered in circuit court. Removed estates would be administered as a trial de novo in circuit court unless the parties mutually agree to rely on the probate court’s record of proceedings. The bill also makes nonsubstantive, technical language updates and sets an effective date of October 1, 2026.

Who It Affects

• Heirs, devisees, legatees, distributees, executors, and administrators of estates; they may petition to remove administration to circuit court and must pay circuit costs.
• Beneficiaries, creditors, and other interested parties in estates removed to circuit court; their participation and the pace of proceedings may change depending on whether the circuit court conducts a de novo trial or the parties opt to use the probate court’s record.

Key Provisions

• Allows removal of estate administration from probate court to circuit court after letters are issued and before final settlement, by specified parties without requiring special equity.
• Requires an order of removal upon payment of circuit costs and filing of a sworn petition stating the petitioner’s status and that the estate can be better administered in circuit court.
• Removed estates shall be administered in circuit court as a trial de novo unless the parties mutually agree to the probate court record of proceedings.
• Includes nonsubstantive, technical revisions to update code language to current style.
• Effective date set at October 1, 2026.

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

Subjects

Courts & Judges