Code of Alabama
Ala. Code § 26-2A-31 (2026)
Subject Matter Jurisdiction.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons.
(b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it.
(c) The court has jurisdiction over protective proceedings and guardianship proceedings.
(d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
(e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts.
(Acts 1987, No. 87-590, p. 975, §1-302; Act 2010-500, p. 782, §2.)
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2010–2025 · leading case: Ex Parte L.E.O., 61 So. 3d 1042 (Ala. 2010).
Ex Parte L.E.O., 61 So. 3d 1042 (Ala. 2010). “In addition, the understanding expressed in the main opinion of what constitutes a "dependent child" creates an unnecessary jurisdictional conflict between the juvenile court and the probate court, which has jurisdiction in certain cases concerning the "protection of minors,”…”
Casey v. Casey, 88 So. 3d 822 (Ala. 2012). “See Ala.Code 1975, § 26-2A-31. The filing of a petition that raises the possibility of the necessity for the appointment of a guardian or conservator, however, is not the equivalent of creating a guardianship or conservatorship that must be "administ[ered] or conduct[ed].”
Hoff v. Goyer, 160 So. 3d 768 (Ala. Civ. App. 2014). “” Thus, under § 26-2A-31, the probate court had concurrent jurisdiction with the circuit court over such matters.”
Beam v. Taylor, 149 So. 3d 571 (Ala. 2014). “I further point out that the Comment to § 26-2A-31, Ala.Code 1975, setting out subject-matter jurisdiction of the Act, states that “[t]he subject matter jurisdiction described in this section affects the jurisdiction of the probate court only insofar as it applies to proceedings…”
Tamera Erskine, as Pers. Rep. of the Est. of Joann Bashinsky v. J. Kenneth Guin, Jr., & Gregory H. Hawley (Ala. 2023). “" The statutory grant of subject-matter jurisdiction to the probate court found in § 26-2A-31 is broad. The probate court is granted the "full power to make order[s], judgments, and decrees and take all other action necessary and proper to administer justice in the matters that…”
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-25-3131) (Ala. Civ. App. 2025). “Code 1975, § 26-2A-31(c). Because a probate court has jurisdiction over the 4The father does not dispute this allegation in his answer; therefore, we must consider that averment of fact as true.”
— Ala. Code § 26-2A-31(a) — 3 cases
Casey v. Casey, 88 So. 3d 822 (Ala. 2012). “See Ala.Code 1975, § 26-2A-31. The filing of a petition that raises the possibility of the necessity for the appointment of a guardian or conservator, however, is not the equivalent of creating a guardianship or conservatorship that must be "administ[ered] or conduct[ed].”
Hoff v. Goyer, 160 So. 3d 768 (Ala. Civ. App. 2014). “” Thus, under § 26-2A-31, the probate court had concurrent jurisdiction with the circuit court over such matters.”
Tamera Erskine, as Pers. Rep. of the Est. of Joann Bashinsky v. J. Kenneth Guin, Jr., & Gregory H. Hawley (Ala. 2023). “" The statutory grant of subject-matter jurisdiction to the probate court found in § 26-2A-31 is broad. The probate court is granted the "full power to make order[s], judgments, and decrees and take all other action necessary and proper to administer justice in the matters that…”
— Ala. Code § 26-2A-31(b) — 1 case
Tamera Erskine, as Pers. Rep. of the Est. of Joann Bashinsky v. J. Kenneth Guin, Jr., & Gregory H. Hawley (Ala. 2023). “" The statutory grant of subject-matter jurisdiction to the probate court found in § 26-2A-31 is broad. The probate court is granted the "full power to make order[s], judgments, and decrees and take all other action necessary and proper to administer justice in the matters that…”
— Ala. Code § 26-2A-31(c) — 1 case
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-25-3131) (Ala. Civ. App. 2025). “Code 1975, § 26-2A-31(c). Because a probate court has jurisdiction over the 4The father does not dispute this allegation in his answer; therefore, we must consider that averment of fact as true.”
— Ala. Code § 26-2A-31(e) — 1 case
Tamera Erskine, as Pers. Rep. of the Est. of Joann Bashinsky v. J. Kenneth Guin, Jr., & Gregory H. Hawley (Ala. 2023). “" The statutory grant of subject-matter jurisdiction to the probate court found in § 26-2A-31 is broad. The probate court is granted the "full power to make order[s], judgments, and decrees and take all other action necessary and proper to administer justice in the matters that…”
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