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HB 288

Removal of estate to circuit court; trial de novo

2026 Regular Session Introduced by Ben Robbins

HB 288 allows estate cases to be removed from probate court to circuit court with a complete new trial, potentially expanding judicial review access for estate disputes.

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Bill Summary · HB 288

Legislative bill overview

HB 288 allows for the removal of estate cases from probate court to circuit court and provides for a trial de novo (a completely new trial). The bill appears to expand the appellate or review process for estate matters by permitting cases to be transferred to a higher court level with a fresh hearing rather than a traditional appeal.

Why is this important

Estate cases involve distribution of property, assets, and inheritance rights—often with significant financial and familial implications. This bill could affect how quickly and through what judicial process estate disputes are resolved, potentially changing access to higher court review for parties dissatisfied with probate court decisions.

Potential points of contention

  • Judicial efficiency concerns: Trial de novo proceedings are more resource-intensive than traditional appeals; expanding access could burden circuit courts and delay resolution of other cases
  • Forum shopping risk: Parties might strategically remove cases to circuit court seeking more favorable outcomes, potentially destabilizing probate court proceedings
  • Cost implications: Allowing removal and new trials may increase litigation costs for estate parties, potentially disadvantaging lower-income beneficiaries or smaller estates

Compiled from official sources — confirm details with the bill’s official record.

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