HB238 Alabama 2014 Session

Updated Jan 10, 2026

Summary

Primary Sponsor: David StandridgeRepresentative
Republican
Co-Sponsors: Randall Shedd Kurt Wallace Johnny Mack Morrow Charles O. Newton Elaine Beech Randy Wood Mike Jones
Session: Regular Session 2014
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: HB238 would extend circuit‑judge level immunity to Alabama judges of probate for bond‑related duties, limiting liability to cases of willful misconduct.
What This Bill Does
The bill changes how a judge of probate can be held liable for bonds in estate matters. It says the judge and the official bond sureties are not liable for neglect or omission in taking a good bond or for taking an insufficient bond, unless the misconduct is wanton, fraudulent, or intentional. It also grants the judge of probate the same immunity as circuit judges, except as specifically described in the amended sections. Injured parties can still sue the judge and the bond sureties for those types of misconduct under the law.

Who It Affects
Judges of probate and their official bond sureties gain immunity from liability for most bond-related actions, unless there is wanton, fraudulent, or intentional misconduct.
Persons injured by misconduct in bond matters (including conservators, executors, administrators, and other fiduciaries) may sue the judge and the bond sureties for injuries caused by such misconduct.

Key Provisions
Amends §26-3-13 to limit liability to neglect/omission or misbehavior that is wanton, fraudulent, or intentional in not taking a good and sufficient bond or in taking an insufficient bond, with triggers when the judge knows or has good cause to believe a bond is required.
Amends §43-2-82 to restrict liability to wanton, fraudulent, or intentional misconduct in requiring a bond or in taking an insufficient bond from executors/administrators or fiduciaries, with injured parties allowed to sue the judge and sureties.
Section 2 grants the judge of probate immunity in the same manner and to the same extent as a circuit judge, except as provided in the amended sections.
Section 3 makes the act effective immediately after passage and approval.

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