Alabama § 38-9-6.1 Removal of Action from Probate Court to Circuit Court

Alabama Statutes

§ 38-9-6.1 — Removal of Action from Probate Court to Circuit Court

Alabama § 38-9-6.1

Title 38Public Welfare

Ch. 9Protection of Aged Adults or Adults with a Disability

This text of Alabama § 38-9-6.1 (Removal of Action from Probate Court to Circuit Court) 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 § 38-9-6.1 (2026).

Text

(a)Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar.

(b)At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:

(1)Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.

(2)Serving all parties to the action with a copy of the removal notice.

(3)Filing a copy of the removal notice with the clerk of the p

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(a) Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar.
(b) At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:
(1) Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.
(2) Serving all parties to the action with a copy of the removal notice.
(3) Filing a copy of the removal notice with the clerk of the probate court.
(c) Upon completion of all of the requirements of subsection (b), jurisdiction shall immediately vest in the circuit court, and the probate court shall proceed no further.