SB345 Alabama 2013 Session

Summary

Primary Sponsor

Clay Scofield

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

The bill limits the liability of Alabama judges of probate for bond decisions and gives them circuit-judge–level immunity when dealing with bonds for conservators, executors, and administrators.

What This Bill Does

It changes when a judge of probate can be held responsible for not taking a bond or for taking an inadequate bond from a conservator or from an executor/administrator. The judge would only be liable if their action was wanton, fraudulent, or intentional, and they would have immunity similar to circuit judges. People injured by improper bond decisions can still sue the judge and the judge's sureties for those injuries. The act becomes effective immediately after passage and approval.

Who It Affects

• Judges of probate — receive immunity from ordinary liability for bond decisions and would be liable only for wanton, fraudulent, or intentional misconduct in not taking a proper bond or in taking an insufficient bond.
• Conservators, executors, and administrators (and their bonds) — bond requirements and oversight by the judge are affected; the judge’s liability framework shifts toward misconduct-based liability.
• People injured by improper bond decisions and the judge’s sureties — may sue the judge and the judge’s sureties for injuries caused by misconduct, but only in cases of wanton, fraudulent, or intentional misconduct.

Key Provisions

• Amends sections 26-3-13 and 43-2-82 to limit judge of probate liability to wanton, fraudulent, or intentional misconduct related to bonds from conservators, executors, or administrators, and to bond sufficiency.
• Explicitly provides that the judge of probate has immunity in the same manner and to the same extent as a circuit judge.
• Allows injured parties to sue the judge and the judge’s sureties for injuries resulting from the specified misconduct.
• Effective immediately after passage and the governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judge, Probate