Voters will go to the polls on November 8 to elect our leaders going forward. In addition, Alabamians are considering a number of state constitutional amendments. Amendment 5 would remove orphans’ business from the jurisdiction of county probate courts. County probate courts would continue to be responsible for adoptions, guardianships, and granting letters of testamentary.
This amendment is Senate Bill 68. It passed in the Senate with a unanimous vote of 28 to 0. Amendment 2 was passed in the House on April 15, 2021, by a vote of 90 to 0.
Voting yes on Amendment 5 would mean deleting an existing provision giving the probate court of each county general jurisdiction over orphans’ business.
The Alabama Fair Ballot Commission wrote the following ballot statement: “If the majority of the voters vote “yes” on Amendment 5, the outdated words “orphans’ business” will be removed from the Alabama Constitution. If the majority of the voters vote “no” on Amendment 5, the outdated words “orphans’ business” will remain in the Alabama Constitution. There are no costs to Amendment 5.
There are 68 probate courts and judges in Alabama. Probate courts handle cases concerning wills, estates, property distribution, and debts of those who are deceased. County probate courts have general jurisdiction over cases concerning adoptions and guardianships. They also have jurisdiction over estates and wills as well as other areas, including areas of mental competency.
A no vote would simply mean that things would simply remain the way that they are.
Since 2000 to the present day, voters approved 79% of all the amendments that have been on the ballot in Alabama.
The Alabama Constitution of 1901 is the longest constitution in the world.
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