HB520 Alabama 2013 Session

Under existing law, a judge of probate is liable for any neglect or an omission in taking a bond or for taking an insufficient bond from a conservator or from an executor or administrator of an estate

This bill would provide that the judge of probate would not be liable for actions related to taking a bond from a conservator or from an executor or administrator of an estate unless the action of the judge of probate was wanton, fraudulent, or intentional. The bill would also specify that the judge of probate would have the same immunity as a circuit judge

Relating to the judge of probate; to amend Sections 26-3-13 and 43-2-82 of the Code of Alabama 1975, to further provide for the liability of the judge of probate for not taking a bond or for taking an insufficient bond from a conservator or from an executor or administrator of an estate; and to specify that the judge of probate would have the same immunity as a circuit judge.