(a) Except as provided in subsection (b), the circuit court has exclusive jurisdiction over an action that addresses either of the following questions:

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Terms Used In Alabama Code 19-3E-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • following: means next after. See Alabama Code 1-1-1
  • 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.
  • preceding: means next before. See Alabama Code 1-1-1
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
(1) Whether a transfer is a qualified disposition.
(2) The extent of the transferor’s interest in, or the income from, a qualified disposition.
(b) A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court over questions described in subsection (a) and over an action brought under subsection (b) of Section 19-3E-5.
(c) Except to the extent otherwise provided by court rule, venue for a proceeding under subsection (a) or (b) is in the following order of priority:

(1) In any county where venue is proper for civil actions generally, pursuant to Chapter 3 of Title 6.
(2) In a county in this state in which the current qualified trustee has its usual place of business or residence.
(3) In a county in this state in which the immediately preceding qualified trustee had its usual place of business or residence.
(4) In a county in this state in which any trust property subject to the qualified disposition is located.
(5) In a county in this state in which a trust beneficiary resides.