AL Code § 45-49-85.60 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 49 - Mobile County.|Article 8 - Courts.|Part 6 - Probate Court.|Division 4 - Estates.|Section 45-49-85.60 - General and Equity Jurisdiction of Probate Courts; Powers and Authority of Judges of Probate; Procedures in Administration of Estates.

Section 45-49-85.60General and equity jurisdiction of probate courts; powers and authority of judges of probate; procedures in administration of estates. (a) That the probate courts in all counties of this state which now have or may hereafter have a population of over 300,000 and less than 500,000, according to the last or any subsequent federal census, shall have general and equity jurisdiction concurrent with that of the circuit courts of this state, in the administration of the estates of deceased persons, minors, the developmentally disabled, insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust estates. The jurisdiction granted by this section shall be conferred without the necessity of the same being invoked in any estate proceeding and may be exercised at the discretion of the court. (b)(1) That the judges of the probate courts shall have the same powers and authority which judges of the circuit courts of this state have in connection with the administration of estates in the circuit courts, including, but not limited to, the authority to (i) grant private sales of property, (ii) determine title and/or ownership of assets, real, personal, or mixed, (iii) authorize, order, and direct paternity testing where there is a question concerning a parent-child relationship, and (iv) determine heirship. (2) That the chief clerks of the probate courts, appointed pursuant to statute, shall have the same powers and authority and may do all acts and things and perform all other duties ministerial and judicial, where there is no contest, that the probate judges may do and perform under this section. (c) That all laws of pleading and practice, and evidence, and rules of court, including the Alabama Rules of Civil Procedure, and all laws relating to testamentary trusts and testamentary trustees, and all laws relating to the mode of obtaining evidence by oral examination or by depositions, and of compelling the attendance of witnesses, and of enforcing orders, decrees, and judgments, including money judgments, now applicable in the circuit courts shall apply to the administration of such estates in the probate courts, in so far as the same can be made appropriate. (d) That in the administration of estates, the probate courts may proceed according to the rules and practice of the circuit courts of this state, without regard to the statutory requirements provided for the administration of such estates in the probate courts of this state, but nothing herein is intended to prohibit such probate courts from proceeding in accordance with the statutes relating to the administration of such estates in the probate courts of this state generally. (e) That appeals from the orders, judgments, and decrees of such probate courts, relating to the administration of such estates, including decrees on partial settlements, lie to the supreme court within the time period prescribed in the Alabama Rules of Appellate Procedure from the entry of the order, judgment, or decree. Such appeals shall be made in accordance with the appellate rules. (f) The probate judges of such courts shall perform all the duties now required by law of the judges of the circuit courts of this state, in reference to the administration of such estates and shall be entitled to assess and collect the costs of court, charges, fees, and commissions as are authorized by law to be assessed and collected. (g) The jurisdiction conferred by this section on the probate courts, probate judges, and chief clerks of such counties is intended to be cumulative only, and it is not intended hereby to in any manner limit or restrict the jurisdiction of the circuit courts or the probate courts of such counties. Nothing herein shall be construed as prohibiting the removal of any such estates from the probate court in such counties to the circuit court as is provided by law. (h) It is the primary intention of this section to expedite and facilitate the administration of such estates in counties of over 300,000 and less than 500,000 population and should any part or parts of this section be declared unconstitutional it is not intended that it shall affect the remainder of this section. (i) The probate judges of such courts shall collect from the person or persons liable by law for the payment thereof, all costs of court, charges, fees, and commissions chargeable for the services so performed under this section and pay the same into the treasury of his or her county, provided however that the courts may require prepayment of anticipated costs, or a reasonable deposit for same, in any such estate proceeding.  (Acts 1961, No. 974, p. 1550, §§ 1-9; Act 91-131, p. 166, § 1.)