Alabama Constitution Section 149 Legislature may establish court of probate in each county powers generally of probate courts
Alabama Constitution – Section 149: Legislature May Establish Court of Probate in Each County; Powers Generally of Probate Courts
🔹 Official Text Summary:
The Alabama Legislature is authorized to establish a court of probate in each county. These probate courts shall have general powers as defined by law.
🔍 Explanation:
Section 149 of the Alabama Constitution provides the legal basis for the creation and operation of probate courts in the state. Here's a breakdown:
Authority to Establish:
The state legislature has the power to create a probate court in every county.
Scope of Powers:
The powers of these probate courts are not fixed by the Constitution itself but are determined by state law. This allows the legislature to expand or limit their jurisdiction as needed.
“Generally” Means Broad Powers:
Though not unlimited, probate courts typically handle:
Wills and estates
Guardianships and conservatorships
Adoptions
Marriage licenses
Mental health commitments
Property records (in some counties)
⚖️ Purpose:
The purpose of this section is to:
Ensure local access to probate justice in all counties,
Give the legislature flexibility in defining the courts’ jurisdiction,
Provide a constitutional framework for an important part of the state’s judicial system.
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