(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which may be conferred upon them by law, unless the law so conferring jurisdiction expressly makes the jurisdiction special or limited.
(b) The probate court shall have original and general jurisdiction over the following matters:
(1) The probate of wills.
(2) The granting of letters testamentary and of administration and the repeal or revocation of the same.
(3) All controversies in relation to the right of executorship or of administration.
(4) The settlement of accounts of executors and administrators.
(5) The sale and disposition of the real and personal property belonging to and the distribution of intestate’s estates.
(6) The appointment and removal of guardians for minors and persons of unsound mind.
(7) All controversies as to the right of guardianship and the settlement of guardians’ accounts.
(8) The allotment of dower in land in the cases provided by law.
(9) The partition of lands within their counties.
(10) The change of the name of any adult residing in their county, upon his or her filing a declaration in writing, signed by him or her, stating the name by which he or she is known and the name to which he or she wishes it to be changed.
(11) The change of the name of any minor residing in their county, upon the filing of a declaration in writing, signed by the parent or legal guardian of the minor, stating the name by which the minor is known and the name to which it is to be changed, along with the consent from all persons who have natural parental or legal rights of the minor. Consent of the minor is required if the minor is 14 or more years of age. This subdivision does not apply to a minor who is involved in a domestic relations matter that is pending in the circuit court or to a minor whose name is ordered by a court to be changed pursuant to the Uniform Parentage Act.
(12) Other cases as jurisdiction is or may be given to probate courts by law, to be exercised in the manner prescribed by law.
(c) The probate court and circuit court shall have concurrent original and general jurisdiction of any proceedings under Chapter 9 of Title 38.
(d) All orders, judgments, and decrees of probate courts shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.
(Code 1852, §670; Code 1867, §790; Code 1876, §693; Code 1886, §787; Code 1896, §3363; Code 1907, §5419; Code 1923, §9579; Code 1940, T. 13, §278; Act 2022-123, §1.)
Notes of Decisions
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014).
· cites it 6× “The legislature established the subject-matter jurisdiction of the probate courts in § 12-13-1, Ala. Code 1975, which states: "(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general…”
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
· cites it 3× “Section 12-13-1, Ala.Code 1975, states, in part: “(b) The probate court shall have original and general jurisdiction over the following matters: “(1) The probate of wills.”
Franks v. Norfolk S. Ry. Co., 679 So. 2d 214 (Ala. 1996).
· cites it 4× “Ala.Code 1975, § 12-13-1(b)(2) and (3). In addition, orders of the probate court "shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.”
Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010).
· cites it 2× “Although the statutory grant of authority in § 19-3B-203(b) would appear to be sufficient in and of itself to imbue the probate courts of Jefferson, Mobile, and Shelby Counties with the jurisdiction at issue, we also note that the statutory grant made by that statute serves to…”
Clark v. Clark, 682 So. 2d 1051 (Ala. Civ. App. 1996).
· cites it 5× “See Ala.Code 1975, § 12-13-1 et seq.; and § 12-15-30 et seq.”
Suggs v. Gray, 265 So. 3d 226 (Ala. 2018).
· cites it 8× “The probate court has, and is currently exercising, jurisdiction over the probate of the wife's will-under which Suggs is exercising his purported power regarding the release of the funds.”
Allen v. Est. of Juddine, 60 So. 3d 852 (Ala. 2010).
· cites it 2× “” See § 12-13-1, Ala.Code 1975. However, the administration of an estate may be removed from a probate court to a circuit court under the procedures stated in § 12-11-41, Ala.”
DuBose v. Weaver, 68 So. 3d 814 (Ala. 2011).
“Our decision in Ex parte Smith relied on § 12-13-1, Ala.Code 1975, which grants probate courts ‘original and general jurisdiction’ over all matters enumerated in that statute, including the probate of wills and disputes over the right of executorship and administration.”
Jett v. Carter, 758 So. 2d 526 (Ala. 1999).
· cites it 2× “[8] The general law granting jurisdiction to the probate courts is found in Ala.Code 1975, § 12-13-1, which provides that the probate courts "have original and general jurisdiction" over 11 enumerated matters.”
Daniel v. Moye, 224 So. 3d 115 (Ala. 2016).
“§ 12-13-1, Ala. Code 1975. The circuit court may acquire subject-matter jurisdiction over the administration of an estate if the administration of the estate is properly removed from the probate court to the circuit court pursuant to § 12-11-41.”
CMC Props., LLC v. Emerald Falls, LLC, 146 So. 3d 1 (Ala. 2013).
· cites it 3× “The jurisdiction of probate courts in Alabama is set forth in § 12-13-1, Ala.Code 1975, which provides, in part: “(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to…”
Hughes v. Branton, 141 So. 3d 1021 (Ala. 2013).
· cites it 2× “1991); see Ala.Code 1975, § 12-13-1 (specifying the subject-matter jurisdiction of probate courts generally).”
— Ala. Code § 12-13-1(9) — 1 case
— Ala. Code § 12-13-1(a) — 2 cases
— Ala. Code § 12-13-1(b) — 1 case
— Ala. Code § 12-13-1(b)(1) — 2 cases
Suggs v. Gray, 265 So. 3d 226 (Ala. 2018).
“The probate court has, and is currently exercising, jurisdiction over the probate of the wife's will-under which Suggs is exercising his purported power regarding the release of the funds.”
— Ala. Code § 12-13-1(b)(10) — 2 cases
— Ala. Code § 12-13-1(b)(2) — 1 case
Franks v. Norfolk S. Ry. Co., 679 So. 2d 214 (Ala. 1996).
“Ala.Code 1975, § 12-13-1(b)(2) and (3). In addition, orders of the probate court "shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.”
— Ala. Code § 12-13-1(b)(3) — 2 cases
Suggs v. Gray, 265 So. 3d 226 (Ala. 2018).
“The probate court has, and is currently exercising, jurisdiction over the probate of the wife's will-under which Suggs is exercising his purported power regarding the release of the funds.”
— Ala. Code § 12-13-1(b)(4) — 2 cases
Suggs v. Gray, 265 So. 3d 226 (Ala. 2018).
“The probate court has, and is currently exercising, jurisdiction over the probate of the wife's will-under which Suggs is exercising his purported power regarding the release of the funds.”
— Ala. Code § 12-13-1(b)(5) — 2 cases
— Ala. Code § 12-13-1(b)(6) — 1 case
— Ala. Code § 12-13-1(c) — 2 cases
Franks v. Norfolk S. Ry. Co., 679 So. 2d 214 (Ala. 1996).
“Ala.Code 1975, § 12-13-1(b)(2) and (3). In addition, orders of the probate court "shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.”
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