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 will contests and estate administrations move from probate court to the circuit court without needing special equity, as long as the two courts do not have concurrent jurisdiction.

What This Bill Does

It changes the rule to permit removal of will contests and administration of a decedent's estate to the circuit court when there is no concurrent jurisdiction. It requires a detailed notice of removal and moves the proceeding to the circuit court, with copies of the notice and records sent to the probate court and all interested parties. The circuit court can remand the case back to probate court for improper delay, noncompliance, final adjudication, or upon request by interested parties, and it may tax costs or attorney fees against the party who improperly removed the case. It also updates the code language to current style and sets an effective date of October 1, 2026.

Who It Affects

• Interested persons in a decedent's estate or a will contest who want to transfer the case from probate court to the circuit court (e.g., contestants, executors, beneficiaries) and must follow the removal process.
• Probate courts and circuit courts in counties without concurrent equity jurisdiction, including judges and court staff, who would handle moved cases, manage records, potential remands, and any cost decisions.

Key Provisions

• Amends Section 43-8-216 to allow removal of will contests and administration of a decedent's estate to the circuit court without requiring special equity when there is no concurrent jurisdiction.
• Removal is allowed only if the probate court and circuit court do not have concurrent jurisdiction, with specific conditions related to letters and final settlement for estate administrations.
• Removable proceedings must be accompanied by a notice of removal containing the nature of the proceedings, petitioning party, contesting party, jury demand, removing party's interest, and all interested persons.
• Upon removal, the circuit court obtains jurisdiction; copies of the notice and records must be delivered to the probate court and interested parties.
• The circuit court may remand the removed proceeding to probate court for improper delay, noncompliance with law, or final adjudication issues, and may order costs or attorney fees against the removing party for vexatious or improper removal.
• Costs associated with such actions include reasonable compensation for lawyers, guardians ad litem, or experts, and are limited to costs incurred because of the improperly removed proceeding.
• The act becomes effective 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

Property & Estates