Alabama § 12-13-1 Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts

Alabama Statutes

§ 12-13-1 — Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts

Alabama § 12-13-1

Title 12Courts

Ch. 13Probate Courts

Art. 1General Provisions

This text of Alabama § 12-13-1 (Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-13-1 (2026).

Text

(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 intes

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(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.

Legislative History

(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.)