The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court.
Structure Code of Alabama
Section 12-11-31 - Equitable Jurisdiction.
Section 12-11-32 - Jurisdiction to Sell Property and Franchises of Public Utility Corporation.
Section 12-11-33 - Cases of Which Circuit Courts Take Cognizance in Equitable Matters.
Section 12-11-40 - Proceedings on Administration of Estates in Circuit Court.
Section 12-11-41 - Removal of Administration of Estates From Probate Court.
Section 12-11-41.1 - Transfer to Circuit Court; Remand to Probate Court.