SB 195 Alabama Senate · 2026 Regular Session

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

This Alabama bill (SB 195) simplifies the process for moving certain probate cases to circuit court. It allows individuals involved in will contests or estate administration to request removal to circuit court without needing to prove the probate court has "special equity" jurisdiction, provided the two courts don’t share concurrent jurisdiction. The bill primarily affects heirs, executors, and contesting parties in decedent estate cases who seek to transfer proceedings. It updates existing law with technical revisions to clarify the removal procedure and filing requirements.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Mar 2026

Signed into Law

Mar 2026

Introduced Jan 21, 2026 Signed Mar 12, 2026

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What changed between versions

Introduced → Enrolled · 5 edits · Mar 12, 2026

MODERATE

This bill updates the legal process for moving estate and will contest cases from probate courts to circuit courts in Alabama. It clarifies that these cases can be removed without needing to prove 'special equity' and adds strict rules to prevent abuse, such as penalties for lawyers who remove cases improperly. It also establishes a specific deadline for when the new rules take effect.

Scope change

The bill expands the ability to remove proceedings to circuit courts by removing the requirement to assign 'special equity,' while simultaneously adding new conditions and penalties to prevent frivolous removals.

ELIGIBILITY

Removed the requirement to assign 'special equity' when moving a will contest or estate administration case from probate court to circuit court.

REQUIREMENT

Added specific mandatory details that must be included in a notice of removal, such as party names and whether a jury trial is requested.

ENFORCEMENT

Created new penalties allowing the court to charge costs and attorney fees against lawyers or parties who remove proceedings vexatiously or for improper purposes.

TIMELINE

Set the effective date of the new law to October 1, 2026.

DEFINITION

Clarified that removal cannot happen until certain legal letters are issued or the probate court has taken steps toward a final settlement.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 5, 2026

Lower · Passed

Motion to Read a Third Time and Pass - Adopted Roll Call 775

lower

Feb 11, 2026

Lower · Passed

Reported Out of Committee Second House

lower

Feb 5, 2026

Lower · Passed

Pending Committee Action in Second House (Judiciary)

lower

Feb 5, 2026

Upper · Passed

Motion to Read a Third Time and Pass - Adopted Roll Call 278

upper

Jan 28, 2026

Upper · Passed

Reported Out of Committee House of Origin

upper

Jan 21, 2026

Upper · Passed

Pending Committee Action in House of Origin (Judiciary)

upper

1 primary · 0 co-sponsors