HB95 Alabama 2016 Session

Under existing law, fees in probate court are payable at the termination of suit

This bill, at the discretion of the probate court, would provide for the payment of court costs at the time that a petition, motion, and other pleading is filed. The bill would allow the court to order the payment of a security deposit to cover expected costs

Under existing law, a judge of probate is liable for any neglect or an omission in taking a bond or for taking an insufficient bond from a conservator or from a personal representative of an estate

This bill would provide that the judge of probate would not be liable for actions related to taking a bond from a conservator or from a personal representative of an estate unless the action of the judge of probate was wanton, fraudulent, or intentional

Relating to the probate court; to amend Sections 12-19-43, 26-3-13, and 43-2-82, Code of Alabama 1975; to provide for the payment of court costs at the discretion of the court at the time that petitions, motions, and other pleadings are filed and to provide for the payment of security deposits as ordered by the court to cover expected costs; and to further provide for the liability of the judge of probate for not taking a bond or for taking an insufficient bond from a conservator or from a personal representative of an estate.