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

More estate court options, but misuse costs

Beginning October 1, 2026, interested persons can move qualifying Alabama will contests and estate administration cases to the same county’s circuit court. They do not need to show a special equity reason for moving the case. This option excludes counties where the probate court or judge has concurrent equity jurisdiction under a constitutional provision, local act, or statute. Will contests must meet Section 43-8-215. Estate administration cases can move only after the required letters authorizing estate administration are issued and before steps toward final settlement begin. The person moving the case must file a notice in circuit court describing the case, their interest, any jury demand, and everyone receiving notice. For will contests, the notice must also identify the petitioner as plaintiff and the contesting party as defendant. They must file a copy in probate court and deliver copies to all interested persons. Filing transfers the case immediately, and probate court must stop acting except to send its record. An incomplete or defective notice does not remove circuit court authority; the court must notify any necessary party left out. The circuit court can issue orders to bring all proper parties into the case. It can return the case for improper delay, unlawful removal, or a request from all interested parties or their representatives. It can also return the case after all contested judgments are final and appeal deadlines or appeals have ended. Lawyers or parties who misuse removal can face costs, including reasonable attorney, guardian, party, and expert expenses. These costs are limited to expenses of opponents or expenses caused by improper removal. The court must explain its award and apply Section 12-19-273 when deciding attorney fees. The clerk’s itemized cost bills have the effect of judgments, and these cost remedies add to other available remedies. After returning the case, circuit court sends its order and entire record to probate court, which follows that order. Returning a case does not bar a later removal under this law.