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AL SB15
Bill
AI Summary
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Amends Alabama Code Sections 26-3-13 and 43-2-82 to limit the liability of probate judges for actions related to taking bonds from conservators and personal representatives of estates.
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Changes the standard for probate judge liability from "any neglect or omission" to only actions that are "wanton, fraudulent, or intentional misconduct."
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Applies the heightened liability standard to both the taking of insufficient bonds and the failure to require execution of new or additional bonds when required by law.
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Allows injured persons to maintain legal actions against the judge and official sureties for damages proved under the new standard.
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Becomes effective on the first day of the third month following passage and gubernatorial approval.
Legislative Description
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.
Judge, Probate
Last Action
Assigned Act No. 2017-174.
4/20/2017