Senate Bill 195 Alabama 2026 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

2026 Regular Session

Title

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

Summary

SB195 would let certain probate cases about wills and estates be moved from probate court to circuit court.

What This Bill Does

It allows removal of will contests and administration of a decedent's estate from probate court to circuit court, without needing a special equity finding, but with limits: will contests must comply with existing 43-8-215 requirements, and administration removals cannot occur before letters are issued or before the probate court has begun a final settlement. It creates a detailed notice-of-removal process, transfers the case to the circuit court, and requires the probate court to hand over records while staying involved only to the extent ordered. The bill also provides for remand if removal was improper or delays occurred, allows courts to assess costs against parties who removed improperly, and sets an effective date of October 1, 2026.

Who It Affects

• Will contestants and persons petitioning to admit a will to probate, who may initiate or participate in removal to circuit court
• Executors/administrators of decedents' estates, who may have removals delayed or enabled by the new process and letters being issued
• Probate courts and circuit courts, which gain/clarify jurisdiction and must handle notices, records transfer, and potential remands
• Attorne ys, guardians ad litem, and other professionals involved, who could incur costs if removal is deemed vexatious

Key Provisions

• Amends 43-8-216 to allow removal of probate proceedings involving a will contest or estate administration to the circuit court without requiring special equity
• Removal restrictions: will contests must comply with 43-8-215, and administration removals cannot occur before issuance of letters or before steps toward final settlement
• Removal notice requirements: filing must describe the proceeding, identify plaintiff and defendant (will contests); indicate jury demand, interested parties, and removal details
• Process and transfer: once notice is filed, the case is removed to the circuit court; probate court must transmit records and await circuit court order
• Remand grounds: circuit court can remand for improper delay, noncompliance, final adjudication, or at the request of interested parties
• Costs and penalties: the court may tax costs against vexatiously removing parties or lawyers, with explanations and consideration of statutory factors; costs include attorney fees and expert costs
• Documentation: an itemized bill of costs becomes a judgment upon tax
• Remand procedure: records move back to probate court and the probate proceeding continues under the circuit court’s order
• Future removals: removal under this section can occur again after remand
• Effective date: October 1, 2026

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property & Estates