The bill amends Section 43-8-216 of the Code of Alabama 1975 to facilitate the removal of will contests and estate administration cases from probate court to circuit court without the need to assign special equity. This change allows interested parties to transfer proceedings more efficiently, provided they comply with existing requirements, such as obtaining letters testamentary or letters of administration before removal. The bill also includes technical revisions to update the language of the law to current standards.

Additionally, the bill modifies the terminology used in the legal text, replacing "lawyer" with "attorney" throughout the document. It establishes procedures for filing a notice of removal, outlines the circuit court's jurisdiction over removed proceedings, and specifies conditions under which a circuit court may remand a case back to probate court. The bill also addresses the assessment of costs for improper removals, ensuring that the circuit court can impose costs on parties who engage in vexatious or improper removals. The act is set to take effect on October 1, 2026.

Statutes affected:
Introduced: 43-8-216
Enrolled: 43-8-216