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-HB264 INTRODUCED
-Page 0
-HB264
-U9RQ8XX-1
-By Representative Robbins
-RFD: Judiciary
-First Read: 15-Jan-26
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-U9RQ8XX-1 12/22/2025 VSM (L)ma 2025-3766
+FN-CXCEHJJ-1
 Page 1
-First Read: 15-Jan-26
-SYNOPSIS:
-Under existing law, the administration of an
-estate or a will contest may be removed to the circuit
-court in the county where the proceeding is pending
-unless the probate court or judge has concurrent
-equitable jurisdiction with the circuit court.
-This bill would allow removal of estate
-administration and will contests to the circuit court
-without assigning any special equity, provided the
-probate court and circuit court do not have concurrent
-jurisdiction.
-This bill would also make nonsubstantive,
-technical revisions to update the existing code
-language to current style.
-A BILL
-TO BE ENTITLED
-AN ACT
-Relating to decedents' estates; to amend Section
-43-8-216, Code of Alabama 1975; to allow will contests and
-estate administration to be removed to probate court without
-assigning special equity; and to make nonsubstantive,
-technical revisions to update the existing code language to
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-HB264 INTRODUCED
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-technical revisions to update the existing code language to
-current style.
-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
-Section 1.  Section 43-8-216, Code of Alabama 1975, is
-amended to read as follows:
-"§43-8-216
-(a) Except for a proceeding pending in a probate court
-in a county where the probate court or judge exercises equity
-jurisdiction concurrent with that of the circuit court by
-virtue of a provision of the Constitution of Alabama of 2022,
-specific to such county, a local act, or a statute specific to
-such county, a proceeding in a probate court pertaining to a
-will contest or an administration of a decedent's estate may
-be removed by an interested person to the circuit court for
-the county where the proceeding in probate court is pending
-without assigning any special equity ; provided, however: (i)
-no removal of a will contest  under this section  can occur
-unless Section 43-8-215 is complied with; and (ii) a removal
-of the administration of a decedent's estate under this
-section may not be made prior to the issuance of letters
-testamentary, letters of administration, or letters of
-administration with the will annexed or after the probate
-court has taken steps toward a final settlement.
-(b) To remove a proceeding from the probate court to
-the circuit court, the removing party shall file in the
-circuit court to which the proceeding is being removed, a
-notice of removal that contains all of the following:
-(1) A description of the nature of the proceedings
-being removed.
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-HB264 INTRODUCED
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-being removed.
-(2) If the proceeding is a will contest under this
-division, the name of the person who has petitioned to admit
-the will to probate, who will be the plaintiff in the removed
-proceeding, and the person contesting the validity of the
-will, who will be the defendant in the removed proceeding.
-(3) Whether jury trial is demanded.
-(4) The removing party's interest in the proceeding
-being removed.
-(5) The name of all interested persons to the
-proceeding being removed to which the removing party is
-delivering the notice of removal.
-(c) Once the removing party has filed the notice of
-removal with the clerk of the circuit court, the proceeding
-shall be removed to the circuit court. Following the removal
-to the circuit court, the removing party shall file a copy of
-the notice of removal with the clerk of the probate court and
-shall send a copy of the notice of removal to all interested
-persons listed therein. Upon receiving a copy of the notice of
-removal, the probate court shall take no further action unless
-and until the removed proceeding is remanded, except to
-deliver a copy of the record in the probate court to the clerk
-of the circuit court. The circuit court shall have
-jurisdiction of a removed proceeding upon filing of the notice
-of removal with the circuit clerk. Neither the omission nor
-incorrect statement of any information required to be included
-in the notice of removal, nor the failure of the probate court
-to deliver a copy of the record of proceedings in that court,
-shall deprive the circuit court of jurisdiction to hear and
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-HB264 INTRODUCED
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-shall deprive the circuit court of jurisdiction to hear and
-decide the removed proceeding.
-(d) If a necessary party to the proceedings has not
-received notice of the proceeding as required by law before
-the notice of removal is filed, notice of the proceeding must
-be issued by the circuit court to the necessary party as
-provided in the Alabama Rules of Civil Procedure or as
-otherwise prescribed by law.
-(e) The circuit court may remand the removed proceeding
-under this section to the probate court if the circuit court
-finds any of the following:
-(1) The removal was sought for the purpose of improper
-delay.
-(2) The removal did not comply with applicable law.
-(3) Judgment on all contested matters pending before
-the circuit court has become final and the time for an appeal
-has expired without an appeal being filed or, if an appeal was
-filed, after the final adjudication of the appeal.
-(4) All interested parties or their representatives
-have requested the removed proceeding be remanded to probate
-court.
-(f) If the circuit court finds that  a lawyer  an
-attorney  or party vexatiously or for improper purposes removed
-a proceeding, then the court may tax the  lawyer  attorney  or
-party with the costs of the proceeding. In doing so, the
-circuit court may assess the full amount or any portion of the
-costs against any offending  lawyer  attorney  or party, or both,
-and among them, as the court determines just. When granting an
-award of costs and lawyer fees, the court shall specifically
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-HB264 INTRODUCED
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-award of costs and lawyer fees, the court shall specifically
-state the reasons for the award and shall consider the factors
-in Section 12-19-273, among others, in determining whether to
-assess  lawyer  attorney  fees and costs and the amount to be
-assessed.
-(g) Costs of an action that may be assessed under
-subsection (f) include reasonable compensation for and
-expenses incurred by  a lawyer  an attorney , guardian ad litem,
-or party, including the cost of experts to testify in or
-advise regarding the proceeding. Costs  taxed  assessed  under
-this subsection shall be limited to those incurred by the
-parties opposing an improperly removed proceeding or incurred
-as a result of the improperly removed proceeding.
-(h) Upon entry of an order  taxing  assessing  costs under
-subsection (f), the clerk of the circuit court shall issue an
-itemized bill of all costs and expenses taxed against each
-person, which itemized statements of costs and expenses shall
-have the full force and effect of a judgment. The provisions
-of this subsection are cumulative.
-(i) Following remand by the circuit court, the clerk of
-the circuit court shall deliver a copy of the order of remand
-and the record of all proceedings in the circuit court to the
-clerk of the probate court to be filed with the records of the
-proceeding in the probate court, and the probate court shall
-proceed with the proceeding in accordance with the circuit
-court's order.
-(j) In any proceeding removed from a probate court, the
-circuit court may issue all necessary orders and process to
-bring before it all proper parties whether served by process
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-HB264 INTRODUCED
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-bring before it all proper parties whether served by process
-issued by the probate court or otherwise.
-(k) Neither remand nor anything else shall prevent the
-subsequent removal of a proceeding to the circuit court under
-this section."
-Section 2.  This act shall become effective on October
-1, 2026.
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+FISCAL NOTE
+House Bill 264
+Committee: Judiciary Sponsor: Representative Ben Robbins
+Analyst: Peter Grogan Date: 01/23/2026
+House Bill 264 as introduced would not directly affect state or local funding.