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AL HB591

Bill

Status

Introduced

5/3/2011

Primary Sponsor

Randy Wood

Click for details

Origin

House of Representatives

Regular Session 2011

AI Summary

  • Amends Sections 26-3-13 and 43-2-82 of the Code of Alabama 1975 to limit the liability of probate judges and their sureties for actions related to bonds from conservators, executors, and administrators.

  • Probate judges are now liable only for wanton, fraudulent, or intentional misconduct regarding bond requirements, rather than for simple neglect or omission.

  • Expands the scope of covered fiduciaries to include anyone serving in a similar capacity beyond executors, administrators, and conservators.

  • Injured parties may still maintain actions against the judge and sureties to recover damages for proven injuries resulting from the judge's misconduct.

  • Becomes effective immediately upon passage and approval by the Governor.

Legislative Description

Judge of probate, estates, bond of conservators, executors, administrators, liability limited unless grossly negligent, Secs. 26-3-13, 43-2-82 am'd.

Judge, Probate

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

5/3/2011

Committee Referrals

Judiciary5/3/2011

Full Bill Text

No bill text available