Ex parte McLeroy, [Ms. SC-2023-0636, May 31, 2024] __ So. 3d __ (Ala. 2024). The Court (Mitchell, J.; Parker, C.J., and Shaw, Bryan, Stewart, and Cook, JJ., concur; Sellers, J., dissents, which Mendheim, J., joins; Wise, J., recuses) issues a writ of mandamus to the Jefferson Circuit Court directing it to remand the administration of the Estate of Nella Ruth Braswell to the probate court. The administration had been removed to circuit court by the Humane Society of the United States pursuant to § 12-11-41, Ala. Code 1975.
Before the Humane Society filed its removal petition, the personal representative had filed a petition for final settlement, and the probate court had set a hearing on the petition. Ms. **8-9. In issuing the writ, the Court holds “the Humane Society’s right to removal had been ‘cut off’ before it invoked § 12-11-41, and the circuit court erred by not granting McLeroy’s request to remand the estate proceeding to the probate court.” Ms. *19, citing Ex parte Terry, 985 So. 2d 400, 404 (Ala. 2007).