HB25 Alabama 2017 Session

Updated Feb 26, 2026

Low Interest

Summary

Primary Sponsor: Jim HillRepresentative
Republican
Session: Regular Session 2017
Title: Judge of probate, liability for taking bond or insufficient bond from conservator or personal representative, not liable unless conduct wanton, fraudulent or intentional, Secs. 26-3-13, 43-2-82 am'd.
Summary: HB25 narrows the liability of a judge of probate for bond-related actions with conservators and personal representatives, limiting liability to cases of wanton, fraudulent, or intentional misconduct.
What This Bill Does
The bill amends two Alabama Code sections to change when a judge of probate can be held liable for bond-related conduct. It specifies that liability for not taking a good and sufficient bond from a conservator or personal representative (or for taking an insufficient bond) applies only if the judge’s actions are wanton, fraudulent, or intentional. It also covers failures to require a new or additional bond when legally required, under the same misconduct standard. In addition, injured parties may sue the judge and the judge’s sureties for damages caused by such misconduct.

Who It Affects
Judges of probate, whose liability for bond-related actions is now limited to cases of wanton, fraudulent, or intentional misconduct.
Conservators, personal representatives (including executors/administrators) of estates, their estates and sureties, and any injured persons who might sue, as bond requirements and liability standards apply to these roles.

Key Provisions
§26-3-13 amended to make a judge of probate and their sureties liable for misconduct in not taking a good and sufficient bond from a conservator or for taking an insufficient bond only if the misconduct is wanton, fraudulent, or intentional; also addresses the failure to require a new or additional bond when required by law.
§43-2-82 amended to make a judge of probate liable for not taking or requiring a bond, or for taking an insufficient bond from executors/administrators or personal representatives, only for wanton, fraudulent, or intentional misconduct; allows injury actions against the judge and their sureties.
Effective date: becomes law on the first day of the third month following passage and approval by the Governor.

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