Alabama Supreme Court limits jurisdiction of County Probate Courts

The Alabama Supreme Court limited jurisdiction of the County Probate Courts in Skidmore v. Skidmore, 2024 Ala. LEXIS 147, 2024 WL 3909389 (Ala. Sup. Ct. Aug. 23, 2024). In this recently decided case, the Marshall County Probate Court resolved an estate dispute by avoiding a recorded deed to the real property, along with other equitable relief.

The Alabama Supreme Court, without reaching the merits of the case, held that the probate court did not have the jurisdiction to adjudicate conflicting claims of title to real property, order the sale of real property not owned by a decedent at the of their death, or grant equitable relief.  Although the Supreme Court acknowledged that probate courts have both original and general jurisdiction over matters relating to the administration of an estate, the Court noted that that jurisdiction is not without limits. These limits on the probate court’s jurisdiction in Alabama are important to take note of when determining which court is the appropriate venue to allocate real property disputes.