HB591 Alabama 2011 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2011

Title

Judge of probate, estates, bond of conservators, executors, administrators, liability limited unless grossly negligent, Secs. 26-3-13, 43-2-82 am'd.

Summary

HB591 would limit the judge of probate's liability for bond-related actions to cases of willful, fraudulent, or intentional misconduct, rather than ordinary neglect.

What This Bill Does

It changes two Alabama Code sections to define the judge of probate's liability for bond decisions with a higher standard of fault. The judge and the bond sureties would be liable only if the judge engaged in willful, fraudulent, or intentional misconduct in not taking a good and sufficient bond from a conservator or in not requiring a new or additional bond when required. The judge would also be liable for not taking or for taking an insufficient bond from executors, administrators, or fiduciaries only in these same intentional misconduct cases. Any injured person could sue the judge and the sureties for damages proved.

Who It Affects

• Judge of probate and his or her official bond sureties – liability for bond-related actions is narrowed to willful, fraudulent, or intentional misconduct; ordinary negligence generally not a basis for liability.
• People involved with estates (conservators, executors, administrators, fiduciaries) and other beneficiaries or persons injured by bond-related actions – affected by how bonds must be taken or required and by who can sue; injuries can lead to a lawsuit against the judge and sureties for the defined misconduct.

Key Provisions

• Amends Section 26-3-13 to limit liability for not taking a good and sufficient bond from a conservator and for taking insufficient bond or for not requiring a new/additional bond to cases of wanton, fraudulent, or intentional misconduct, including when the judge knows or has good cause to believe the bond should be required.
• Amends Section 43-2-82 to limit liability for not requiring or taking a bond from executors, administrators, or fiduciaries to cases of willful, fraudulent, or intentional misconduct, with injured parties allowed to sue the judge and his/her sureties.
• Effective date: the act becomes law immediately after passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judge, Probate