Bill > HB288

This bill amends existing Alabama law to allow for the removal of an estate's administration from the probate court to the circuit court at any time after initial letters (such as letters testamentary or letters of administration, which are official documents authorizing someone to manage an estate) have been issued and before the estate is fully settled. The removal can be initiated by any heir, beneficiary, or the estate's representative by filing a sworn petition in the circuit court, stating that they believe the estate can be better managed there, and paying the circuit court costs. Crucially, any estate removed to the circuit court will be treated as a "trial de novo," meaning it will be heard and decided anew in the circuit court as if it were a completely new case, unless all parties involved agree to use the existing record from the probate court. This change is set to take effect on October 1, 2026.

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