Removal of estate to circuit court; trial de novo

HB 288 (Alabama House Bill 288) changes how estates moved from probate court to circuit court are handled. Currently, circuit courts must follow probate court decisions when an estate is transferred; this bill allows circuit courts to start the case over ("trial de novo") unless all parties agree to use the probate court's record. It directly affects heirs, executors, and administrators involved in estate disputes who seek to move cases to circuit court. The bill makes this procedural change to Section 12-11-41 of Alabama's code while updating technical language. The bill is pending committee review and would take effect October 1, 2026.