Kirksey v. Johnson, [Ms. 1130403, Oct. 17, 2014] __ So. 3d __ (Ala. 2014). A probate court
has no jurisdiction over the settlement of a wrongful-death claim or the
distribution of funds recovered. The Jefferson County Circuit Court, in
appointing an administratrix for purpose of filing a wrongful-death action,
required the administratrix to obtain approval of any settlement and to
deposit the proceeds into the probate court for distribution. After a
settlement, the probate court approved the settlement and the distribution
according to the affidavit of the administratrix as to the heirs of the
decedent. The decedent's next of kin who were not included in the
list of heirs moved to vacate the order discharging the administratrix
and to transfer the case to the Jefferson County Circuit Court, alleging
that the probate court lacked subject matter jurisdiction. The probate
court ruled that it had jurisdiction; the omitted heirs petitioned for
mandamus; and the Supreme Court granted mandamus, ordering the probate court to
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