Bill > SB195

This bill amends existing Alabama law to allow for the removal of will contests and the administration of a decedent's estate from a probate court to a circuit court, unless the probate court already has specific equity jurisdiction for that county. An "interested person," meaning someone with a stake in the outcome, can initiate this removal by filing a notice in the circuit court, detailing the nature of the case, identifying parties, and stating if a jury trial is requested. Once filed, the case is considered removed to the circuit court, and the probate court must cease further action except to transfer its records. The circuit court can then decide the case, but it may also send the case back to the probate court (remand) if the removal was for improper delay, didn't follow legal procedures, or if all parties agree to return it. The bill also clarifies that if an attorney or party vexatiously or improperly removes a case, the circuit court can order them to pay the costs and attorney fees incurred by the opposing party, with specific guidelines for assessing these costs. This change aims to provide a clearer process for transferring certain estate and will dispute cases to a higher court for resolution.

Justice

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