(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.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Intestate: Dying without leaving a will.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Probate: Proving a will
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(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.
