SB15 Alabama 2017 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Greg AlbrittonSenator
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: SB15 narrows when Alabama probate judges can be held liable for bond-related actions with conservators and personal representatives.
What This Bill Does
It changes the liability standard from any neglect or omission in taking or insufficiently bonding to require wanton, fraudulent, or intentional misconduct for liability. The same standard applies to bonds for executors, administrators, and other estate fiduciaries. If someone is injured by improper bond handling, they may still sue the judge and the judge's sureties under the new rule.

Who It Affects
Judges of probate (and their sureties): liability for bond-related actions is limited to cases of wanton, fraudulent, or intentional misconduct.
Conservators, personal representatives, executors/administrators, and other estate fiduciaries: bond requirements and oversight are affected because liabilities hinge on the judge's narrowed standard.

Key Provisions
Amends 26-3-13 to limit judge liability for not obtaining a good and sufficient bond from a conservator or for taking an insufficient bond, to cases of wanton, fraudulent, or intentional misconduct, and for failure to require a new or additional bond when legally required if the judge knows or has good cause to believe it is needed.
Amends 43-2-82 to limit judge liability for not requiring a bond or for taking an insufficient bond from executors, administrators, personal representatives, fiduciaries, or similar roles to cases of wanton, fraudulent, or intentional misconduct, with injured parties allowed to sue the judge and sureties.
Effective date: the act becomes effective on the first day of the third month after passage/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