HB576 Alabama 2026 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

2026 Regular Session

Title

Mobile County; temporary judges of probate, appointment amended

Summary

HB576 adds a formal process for Mobile County to use temporary and special probate judges to handle probate cases when the elected judge is unavailable, with specific limits on how long they can serve and how they are paid, effective June 1, 2026.

What This Bill Does

The bill allows the presiding circuit judge to appoint a temporary probate judge if the elected judge is incompetent, incapacitated, absent, sick, or disqualified, and lets the probate judge appoint temporary judges to handle busy calendars or complex cases, with each appointment limited to 90 days and no more than 100 days in a fiscal year. Temporary judges have the same authority as the probate judge and their decisions are part of probate court records, with the regular judge and their bond not liable for acts of temporary judges. Temporary judges must take an oath and post a bond of at least $10,000 (bond amount can be set by the presiding circuit judge, except for appointments by the probate judge under specific conditions). They are paid 90% of the regularly elected probate judge’s compensation and receive no extra benefits. For single-caselaw, if the probate judge is disqualified, a special judge may be appointed to handle that case; the special judge has the same powers but does not need to post a bond, and the attorney serving as the special judge may be paid $50 per day. The act becomes effective June 1, 2026.

Who It Affects

• Regularly elected Mobile County Judge of Probate – may have temporary or special judges appointed to act in certain situations and must resume duties when the reason for temporary appointment ends.
• Temporary judges of probate – can be appointed to handle probate duties for up to 90 days per appointment (up to 100 days per fiscal year) and may serve concurrently with the elected judge; must take an oath, post a bond, and are paid 90% of the elected judge’s pay; their actions are treated as if taken by the probate court.
• Presiding judge of the Mobile County circuit court – appoints temporary and special probate judges and can terminate temporary appointments; certifies conditions triggering temporary appointments.
• Special probate judges (for single cases) – appointed when the regular judge is disqualified for a case; no bond required; compensated at $50 per day to the attorney acting as the judge; has the same jurisdiction for the case.
• Attorneys practicing in Mobile County – may serve as temporary or special probate judges and, if serving as a special judge, may receive the $50 per day fee; otherwise subject to standard professional and ethical rules.

Key Provisions

• Authorized use of temporary probate judges when the regularly elected judge is incompetent, incapacitated, absent, sick, or disqualified; appointment by the presiding circuit judge; the elected judge resumes duties once no longer incapacitated.
• Allowance for the probate judge to appoint additional temporary judges to handle calendar congestion, complex issues, long trials, or heavy caseloads; each appointment limited to 90 days, with a maximum of 100 days in a fiscal year; authority terminates when a second probate judge is authorized or as specified by the act’s timing.
• Temporary judges have full probate jurisdiction and their judgments are entered in court records with the same authority as the probate judge; the regular judge and their bond are not responsible for acts or inactions of temporary judges.
• Oath and bond requirements for temporary judges (minimum $10,000 bond), with bonds for some appointments set by the presiding judge; compensation set at 90% of the regularly elected judge’s pay; no additional benefits beyond this pay.
• Special probate judges may be appointed for single cases if the probate judge is disqualified; no bond requirement; $50 per day compensation to the attorney serving as the special judge; no extra liability for the judge or bond on the regular probate judge.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 31, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mobile County