SB218 Alabama 2014 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Co-Sponsors

Gerald O. DialJimmy HolleyJerry L. FieldingPaul Bussman

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

SB218 would limit probate judge liability for bond-related duties and extend circuit judge–level immunity, except in cases of wanton, fraudulent, or intentional misconduct.

What This Bill Does

SB218 narrows when a judge of probate can be held liable for not taking a good bond or for taking an insufficient bond from conservators, executors, or administrators, and restricts liability to misconduct that is wanton, fraudulent, or intentional. It also provides probate judges with immunity in the same way as circuit judges. The changes would take effect immediately after passage, and they affect who can sue and under what circumstances for bond-related misconduct.

Who It Affects

• Judges of probate in Alabama: their liability is narrowed to wanton, fraudulent, or intentional misconduct in bond-related actions and they receive circuit-level immunity.
• People harmed by probate bond decisions (including beneficiaries, heirs, creditors, fiduciaries, and other claimants) and the bond sureties on the judge's official bond: they may sue for damages only if the judge's misconduct fits the specified improper categories.

Key Provisions

• Amends sections 26-3-13 and 43-2-82 to limit probate judge liability to neglect or omission that is wanton, fraudulent, or intentional in not taking a good and sufficient bond or in taking an insufficient bond, and in not requiring a new or additional bond when legally required, if the judge knew or had good cause to believe the bond should be increased.
• Declares that the judge of probate has immunity in the same manner and to the same extent as a circuit judge, except as provided in the amended sections.
• Effective immediately following passage and governor approval (or becoming law otherwise).
• Specifies that an injured person and the judge's bond sureties may sue for damages only for the specified wanton, fraudulent, or intentional misconduct.

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