HB95 Alabama 2016 Session

Updated Feb 26, 2026

Low Interest

Summary

Primary Sponsor: Chris PringleRepresentative
Republican
Session: Regular Session 2016
Title: Probate court, court costs, payable at discretion of court when pleading filed, security deposits for court costs authorized, Secs. 12-19-43, 26-3-13, 43-2-82 am'd.
Summary: HB95 would let probate court collect fees when a filing is made (not just at the end), allow security deposits for expected costs, and limit a probate judge's liability for bond issues to cases of wanton, fraudulent, or intentional misconduct.
What This Bill Does
1) It lets probate court charge and collect fees at the time a petition or other pleading is filed, or at the end of the case, rather than only at the end. 2) It allows the court to require security deposits to cover expected costs, with any unused deposits returned. 3) It changes the liability rule for the judge of probate and bond-related actions, so the judge would only be liable for bond-related mistakes if the conduct was wanton, fraudulent, or intentional.

Who It Affects
Persons and parties involved in probate proceedings who may need to pay fees or provide security deposits when they file pleadings.
Conservators and personal representatives of estates, whose bond-related actions and obligations are affected by the liability changes.
Judges of probate and their sureties, whose liability standards for bond-related conduct are narrowed to willful or highly unethical behavior.

Key Provisions
Fees for probate court services may be collected either when a pleading is filed or at the end of the case, rather than solely at case end; certain transcripts are due when service is performed.
Courts may order security deposits to cover expected probate court costs, and any unused deposits must be returned.
The judge of probate and the bond sureties remain liable for bond-related issues, but only if the judge's conduct was wanton, fraudulent, or intentional.
The same revision to liability applies to bonds for executors, administrators, and other personal representatives, limiting liability to cases of 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