Ala. Code
Code of Alabama

Ala. Code § 12-13-37 (2026)

Appointment of Special Judge When Probate Judge Incompetent, Absent, Sick, Etc., Generally; Powers and Duties of Special Judge and Force, Effect, Etc., of Judgments, Orders and Decrees Thereof.

✓ official Alabama Legislature (ALISON) text, current July 2026
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If in any matter or proceeding arising in the probate court or in reference to which the judge thereof is required to exercise jurisdiction or authority or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency, absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications of a probate judge to act as special probate judge.

Such special judge in relation to such matter or proceeding shall have the jurisdiction and authority and discharge the duties of the probate judge, and the judgments, orders and decrees made or rendered by him shall be entered on the records of such court and shall have the force and effect and shall be subject to revision on appeal or by other revisory remedy, of judgments, orders and decrees of such probate court.

(Code 1886, §802; Code 1896, §3381; Code 1907, §5439; Acts 1923, No. 35, p. 20; Code 1923, §9601; Code 1940, T. 13, §310.)

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1978–2026 · leading case: Ex parte K.R., 210 So. 3d 1106 (Ala. 2016).
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Ex parte K.R., 210 So. 3d 1106 (Ala. 2016). · cites it 4× “The appointment of a temporary probate judge in instances when the regularly elected probate judge cannot serve is governed by § 12-1-14,1 and § 12-13-37, Ala. Code 1975. Section 12-l-14.”
Opinion of the Justices, 357 So. 2d 648 (Ala. 1978). “The Assistant Judge of Probate may be appointed to serve as special judge of probate in accordance with such authority as is now provided by Section 12-13-37, Code of Alabama 1975. Section 3.”
Ex parte David Eugene Files. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF Crim. APPEALS (In re: David Eugene Files v. State of Alabama) (Walker Circuit Court: CC-02-289.63 Crim. Appeals: CR-2023-0062). (Ala. 2024). “Code 1975, and § 12-13-37, Ala. Code 1975, which vest the authority to make such appointments in the presiding circuit-court judge or this Court, respectively.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “1 and § 12-13-37, Ala. Code 1975. Section 12-1-14.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “1 and § 12-13-37, Ala. Code 1975. Section 12-1-14.”
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