Code of Alabama
Ala. Code § 12-22-20 (2026)
Final Judgments, Orders, or Decrees Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge; and, in all cases where it may of right be done, the appellate court shall render such decree, order or judgment as the probate court ought to have rendered.
(Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457; Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)
Notes of Decisions
Cited in 30
cases (4 in the last 5 years), 1981–2026 · leading case: Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014).
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014). “He points to § 12-22-20, Ala. Code 1975, which he reads as permitting an appeal to this Court of the probate court's order.”
Jett v. Carter, 758 So. 2d 526 (Ala. 1999). “The general law governing appeals from the probate court is set forth in Ala.Code 1975, §§ 12-22-20 through 12-22-27.”
Russell v. Russell, 758 So. 2d 533 (Ala. 1999). “91-131 does not deprive the circuit court of its jurisdiction to hear appeals from final judgments of the probate court under Ala.Code 1975, § 12-22-20, which provides that "[a]n appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or…”
Casey v. Casey, 88 So. 3d 822 (Ala. 2012). “Code 1975, § 26-2A-36; Ala. Code 1975, § 12-22-20 et seq. . The probate court has subject-matter jurisdiction to determine whether a minor is in need of a guardian or conservator and whether a person is incapacitated and is in need of *830 a guardian or conservator.”
Hardy ex rel. Est. of Carter v. Hardin, 200 So. 3d 622 (Ala. 2016). “See Ala.Code 1975, § 12-22-20 (“An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge_”); Ala.”
Fausak's Tire Ctr., Inc. v. Blanchard, 959 So. 2d 1132 (Ala. Civ. App. 2006). “" The corporation and the LLC timely appealed to the Alabama Supreme Court pursuant to § 12-22-20, Ala.Code 1975. See Russell v.”
Oliver v. Shealey, 67 So. 3d 73 (Ala. 2011). “An appeal from a probate court is governed by §§ 12-22-20 through 12-22-27, Ala.Code 1975.”
Kirven v. Reynolds, 536 So. 2d 936 (Ala. 1988). “This appeal followed, pursuant to Ala.Code 1975, §§ 12-22-20 and -21. A divorce judgment, silent with respect to property held jointly with right of survivorship, does not automatically destroy the estate.”
Womack v. the Est. of Womack, 826 So. 2d 138 (Ala. 2002). “As previously stated, the sole issue for this Court to decide is whether the trial court abused its discretion in dismissing the appeal from the probate court on the grounds that Womack failed to post a court-ordered supersedeas bond and failed to comply with the appeal process.”
Ex parte Town of Valley Grande, 885 So. 2d 768 (Ala. 2003). “Issue and Analysis The Valley Grande citizens contend that the circuit court lacks jurisdiction to entertain Lett and Smith’s petition for a writ of mandamus because, they say, the probate court’s order of incorporation was a final judgment reviewable only by an appeal pursuant…”
Patterson v. Patterson, 765 So. 2d 8 (Ala. Civ. App. 1999). “The contestants argue that the circuit erred by: (1) holding that the Am-South account was the property of the personal representative; (2) holding that the deeds to the personal representative and to the personal representative’s sister were valid; (3) denying the contestants…”
Lumpkin v. State, 171 So. 3d 599 (Ala. 2014). “Code 1975, which grants an appeal to the circuit court from a judgment of a probate court, nor §§ 12-22-20 and -21, Ala.Code 1975, which grant the general right to take an appeal from the probate court to the circuit court, “provide[] for the procedure to be followed in taking…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.