Most probate matters proceed without serious dispute. When they do not, the litigation takes place in a specialized forum — Alabama probate court — governed by a combination of the Alabama Probate Code, the Alabama Rules of Civil Procedure as adapted to probate practice, and a body of case law that is sometimes sparse and always fact-specific.
The Probate Court Forum
Alabama probate courts are courts of limited but significant jurisdiction. They have authority over the administration of decedents’ estates, guardianship and conservatorship proceedings, mental health commitments, and certain trust matters. Jefferson County Probate Court is among the most active probate courts in the state.
Removal to Circuit Court
In counties where the probate court does not have concurrent equity jurisdiction with the circuit court1, a will contest or the administration of a decedent’s estate may be removed to the circuit court.
Appellate Practice
Final judgments from probate court are appealable, in some circumstances, to the Circuit Court, or directly to the Alabama Supreme Court. Probate appeals require careful attention to preservation of error at the trial level and to the procedural requirements for perfecting the appeal.
Common Disputes
The most common categories of probate litigation in Alabama include will contests, fiduciary removal and surcharge actions, creditor priority disputes in insolvent estates, construction and interpretation of ambiguous will or trust provisions, and challenges to inter vivos transfers made in the period before death.
I handle probate litigation at every stage — from the initial contested petition through post-trial motions and appeal. If you have a matter in Alabama probate court, contact me to discuss it.
- Applicable to Wills filed for probate on or after January 1, 2023, or the the administration of a decedent’s estate commenced on or after January 1, 2023. ↩︎