HB520 Alabama 2013 Session

Summary

Primary Sponsor

David StandridgeRepresentative

Republican

Session

Regular Session 2013

Title

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

Summary

HB520 would limit the Alabama judge of probate's liability in bond matters for conservators and estate executors/administrators and give the judge immunity similar to circuit judges.

What This Bill Does

If passed, the bill would change who the judge of probate can be held liable for in bond matters. The judge would only be liable for neglect or omission that is wanton, fraudulent, or intentional when not taking a good and sufficient bond from a conservator or from an executor/administrator, or for taking an insufficient bond, or for failing to require a new or additional bond when legally required. It also grants the judge of probate the same immunity as a circuit judge. The changes apply to actions related to bond taking and enforcement, and allow injured parties to sue the judge and their bond sureties for proven injury.

Who It Affects

• Judges of probate, who receive a narrowed liability standard and additional immunity in bond matters.
• Conservators, executors, and administrators, whose bond requirements and oversight are affected by the revised liability rules.
• Sureties on the judge of probate's official bond, who could be liable to injured parties under the new language.
• Any person injured by the judge's conduct in bond-related actions, who may sue the judge and bond sureties for damages.

Key Provisions

• Amends sections 26-3-13 and 43-2-82 to limit probate judge liability to cases of wanton, fraudulent, or intentional misconduct in bond matters.
• Specifies that the judge of probate has immunity in bond matters to the same extent as a circuit judge.
• Allows injured parties to sue the judge of probate and the judge's sureties for injuries caused by bond-related conduct.

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