Code of Alabama
Ala. Code § 12-11-41 (2026)
Removal of Administration of Estates from Probate Court.
✓ official Alabama Legislature (ALISON) text, current July 2026
The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court.
(Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)
Notes of Decisions
Cited in 51
cases (7 in the last 5 years), 1983–2026 · leading case: Daniel v. Moye, 224 So. 3d 115 (Ala. 2016).
Daniel v. Moye, 224 So. 3d 115 (Ala. 2016). “Code of Alabama § 12-11-41 (1975, as amended).”
DuBose v. Weaver, 68 So. 3d 814 (Ala. 2011). “The circuit court can obtain jurisdiction over a pending administration of an estate only by removing the administration from the probate court to the circuit court pursuant to Ala.Code 1975, § 12-11-41; see Ex parte Terry, 957 So.”
McElroy v. McElroy, 254 So. 3d 872 (Ala. 2017). “Code 1975, which provides for the transfer of a will contest by the probate court to the circuit court, or that the administration of the estate, including the will contest, be removed to the circuit court pursuant to § 12-11-41, Ala. Code 1975, because, they said, the estate…”
Ex Parte McLendon, 824 So. 2d 700 (Ala. 2001). “McLendon bases her argument that she has a "clear, legal right" to removal of the proceedings on two statutes *703 Ala. Code 1975, § 12-11-41 and § 43-8-198.”
Jewel Campbell v. Ethel C. Taylor, 159 So. 3d 4 (Ala. 2014). “Code 1975, § 12-11-41,3 to remove the probate proceedings to the Baldwin Circuit Court ("the 2005 circuit court action").”
Allen v. Est. of Juddine, 60 So. 3d 852 (Ala. 2010). “Yolanda Allen appeals from an order of the Etowah Circuit Court requiring her to petition the Etowah Probate Court to probate a lost will with respect to an estate, the administration of which had been removed to the circuit court under § 12-11-41, Ala.Code 1975. We reverse and…”
Beam v. Taylor, 149 So. 3d 571 (Ala. 2014). “” This Court has recognized that “a marked similarity exists between the language of § 26-2-2 and the language of Ala.Code 1975, § 12-11-41, which governs the removal of the administration of a decedent’s estate from the probate court to the circuit court.”
Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010). “, Ala.Code 1975, § 12-11-41 (providing for the removal of the administration of an estate from the probate court to the circuit court); Ala.”
Neal v. Neal, 856 So. 2d 766 (Ala. 2003). “Code 1975; and § 12-11-41, Ala.Code 1975. Second, John does not, and cannot, deny that the trial court likewise had personal jurisdiction over him to render a judgment adverse to him.”
Persons v. Persons, 10 So. 3d 610 (Ala. Civ. App. 2008). “That same day, Jones filed a petition in the Montgomery Circuit Court, seeking the removal of the administration of the decedent’s estate to the circuit court, pursuant to Ala.Code 1975, § 12-11-41. On October 15, 2004, Pamela Persons filed, in the probate court, an objection to…”
Casey v. Casey, 88 So. 3d 822 (Ala. 2012). “In regard to the application of § 12-11-41, this Court has noted that “[t]he circuit court cannot assume jurisdiction over the administration of an estate when the administration has not yet begun,” Ex parte Smith, 619 So.”
Ex Parte Hicks, 451 So. 2d 324 (Ala. Civ. App. 1984). “There is a direct corollary between § 12-12-35 and § 12-11-41, which provides for transfer of the administration of an estate from probate court to circuit court.”
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