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Alabama Conservator Bond
In Alabama, when a person cannot care for themselves or their property, the probate court will appoint a "conservator" to make decisions on their behalf. The appointed individual, also known as a fiduciary, may be required to obtain a surety bond as outlined in Title 26 of the Alabama Code. The surety bond safeguards the interests of the ward and their estate from any financial harm caused by the actions of the conservator.
Have any questions? Give us a call at (855) 470-0877 and speak to a live Alabama probate bond expert.
What Size Bond Do You Need?
The probate court judge overseeing your case will set the required bond amount when they enter an order appointing you as conservator. Generally, the bond's value must adequately safeguard the ward, their estate's assets, and all relevant parties. However, the court determines the specific bond amount for each case in accordance with Alabama Code 26-3-1.
How Much Does the Alabama Conservator Bond Cost?
Jet charges a base price of $150 per year for the Alabama Conservator Bond, with the specific cost varying depending on the bond amount. See the chart below to calculate the price for larger bonds. In Alabama, conservators can request reimbursement for the bond premium from estate funds according to AL Code 26-5-16.
To determine how much the bond will cost, conservators can follow the steps listed below:
- Determine the Required Bond Amount
After ruling that a conservatorship is needed, the probate court judge will enter an order of appointment naming the fiduciary and setting their required bond amount.
- Calculate the Total Cost
Conservator bonds up to $20,000 in size cost $150 per year. For each additional $1,000 increase, the bond premium will increase by the corresponding amount outlined in the table below.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $20,000 | $150 flat rate | $150 |
| $20,001 - $60,000 | $6.00 | $150 - $390 |
| $60,001 - $200,000 | $5.00 | $390 - $1,090 |
| $200,001 - $500,000 | $3.75 | $1,090 - $2,215 |
| $500,001 - $1,500,000 | $2.50 | $2,215 - $4,715 |
| $1,500,000+ | $1.00 | $4,715+ |
We provide discounted tiered pricing that reduces the percentage rate for larger bond amounts. Applicants can also save money by purchasing bonds for multiple years in advance. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to determine how much your bond will cost.
Why Is the Alabama Conservator Bond Required? Are There Surety Bond Exemptions?
When a conservator is appointed to manage a ward’s estate, the probate courts in Alabama will require a surety bond according to AL Code 26-3-1 et seq. The bond safeguards the interests and well-being of the ward’s estate and serves as a form of insurance that guarantees the responsible and ethical behavior of the conservator.
By requiring a bond, the court can help mitigate loss from mismanagement or misuse of the estate's property by the conservator and can help ensure they act in accordance with Title 26 of the Alabama Code. The bond can also compensate the ward’s estate for any losses incurred due to the actions of the conservator.
Conservators in Alabama must obtain a surety bond unless the bond requirement was waived in a will or power of attorney.
Important Terms to Know in Alabama Conservatorship
- Conservatorship: The process of the probate court appointing a person to manage the financial and/or medical affairs of an incapacitated person
- Estate: The total value of all money and other property owned by the ward
- Fiduciary: A person or organization that acts on behalf of a ward and is legally bound to act solely in their best interests.
- Incapacitated Adult: A person over the age of 18 who the court has determined needs partial or full supervision due to a mental or physical incapacity
- Interested Person: Any person or entity who has an interest in the welfare or finances of a ward
- Minor: An unemancipated individual under 18 years of age
- Respondent: The minor or adult who is alleged to be disabled and in need of a conservatorship
- Surety Bond: A type of insurance that safeguards the protected person from financial harm if the conservator does not fully fulfill his or her duties
- Ward: An incapacitated adult or minor who cannot independently manage themselves or their affairs, and is placed under the conservatorship of an appointed individual
What are the Duties of a Conservator in Alabama?
A conservator is a person who takes care of an estate or assets owned by a minor or an adult who is incapacitated by physical or mental illness, substance abuse, or disappearance. As a conservator, you hold the responsibility of performing all duties listed in Title 26 of the Alabama Code, including managing the property and financial interests of the ward. The management of the ward's property and finances encompasses filing taxes, completing financial records, reporting accounting to the court, and adhering to all court orders. When carrying out your obligations, you must do so ethically to avoid any misconduct and fraud that can cause financial damage to the person you are entitled to protect.
Sometimes a guardian is also appointed but is charged with taking care of the incapacitated person’s welfare. A person acting solely as a conservator needs a bond, whereas a guardian does not. However, if you are taking on duties as both a conservator and a guardian, you will need to file a surety bond.
Who Can Be Appointed as Conservator?
A conservator must be appointed by a court but is typically chosen from the following list of people:
- Parent
- Adult child
- Relative who the incapacitated person has lived with for the previous six months
- Person appointed by the incapacitated person’s power of attorney
- Person chosen by the incapacitated person
- Nominee of the person taking care of the incapacitated person
- Conservator from another jurisdiction
- General guardian/sheriff
In all cases, the court will consider the preferred nominee made by the respondent and appoint the person who will serve the respondent's best interests.
How To Apply for the Alabama Conservator Bond with Jet
Jet’s application process is simple and fast - our goal is to get the fiduciary bonded as quickly as possible so they can focus on their obligations. All we need is the bond amount and basic information about the estate.
Once completed and submitted, you will receive your purchase price immediately or a Jet underwriter will review the application. Some of the factors Jet considers when underwriting these types of bonds:
- If the applicant has ever committed a felony
- If there are disputes among the estate’s beneficiaries
- Whether or not there is an ongoing business in the estate
- Whether or not the applicant owes any money to the estate
- Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney, or $50,000 if they have retained an attorney
Applicants for bond limits over $50,000 will need to submit documentation from the court for review, specifically their application for appointment as fiduciary and the order from the court requiring the bond.
How Does the Bond Get Filed with the Probate Court?
When you purchase the surety bond, you will immediately receive a digital version of your bond with a receipt. Afterward, Jet will complete the bond form, attach our raised seal, and mail it to you. You simply need to sign the form and deliver it to the probate court overseeing your case.
Jet has provided a chart at the bottom of the page with a list of all probate court locations in the State of Alabama and any available contact information for their offices.
Can the Alabama Conservator Bond Be Canceled?
You can cancel your bond with Jet by sending a written request; an email to [email protected] is acceptable. Jet will request cancellation with the probate court that holds your bond, but cancellation is not complete until the court releases both you and Jet from liability of the Conservator Bond. If you are still the conservator in charge of managing the estate, you will be responsible for supplying a replacement bond for the duration of your appointment.
The first year of the Conservator Bond is fully earned. A refund may be available for bonds that were purchased for multiple years. Jet will review the remaining time on the bond for any available refund after the cancellation is complete.
How Long Do You Need the Bond?
The bond of a conservator is required for as long as that person is managing the estate of the ward. Before the conservatorship is over, you must file a petition with the probate court under which your obligation stands. The court will conclude the conservatorship and release the liability of you and the surety company (Jet) under the bond. The circumstances which would constitute the ending of a conservatorship are found in the AL Code 26-5-7:
- The conservator’s death, resignation, or removal
- Expiration of the conservator’s authority once the minor reaches adulthood
- Termination of the ward's incapacity
- Death of the ward
- Marriage of the ward, if 18 years of age or older
- The ward turning 18 years of age after marriage
- The ward becoming a widow or widower
How Does a Conservator Avoid Surety Bond Claims in Alabama?
The probate court expects the conservator to fulfill all duties and obligations under Title 26 of the Alabama Code. Failing to meet these requirements or not adhering to all court orders can result in a bond claim. Some common violations that may lead to a bond claim include the following:
Here are some violations that may lead to bond claims on the Alabama Conservator Bond:
- Committing negligence, embezzlement, or fraud
- Misusing or misappropriation of estate assets
- Buying or selling any part of the estate without court approval
- Acting outside of the powers specifically vested by the court
- Using estate funds or property for personal use that belongs to a trust
- Failing to submit inventory reports or account for all estate assets
Any person with proven damages caused by the actions of the guardian or conservator may file a claim against the bond, including the protected person, creditors to the estate, or the protected person's legal representation.
What Happens if I Get an Alabama Conservator Bond Claim?
Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect fiduciaries against faulty claims. Even if the court has requested a bond payout, we assess all documentation provided by the court and the conservator before paying out the claim. However, as the indemnitor, you will ultimately be required to reimburse Jet Insurance Company for the full claim payout.
County Court Locations in Alabama
Below is a list of all the county courts located in the State of Alabama, as well as their addresses and contact information.
| County Courthouse | Phone | Mailing Address |
|---|---|---|
| Autauga | (334) 361-3728 | 176 W Fifth Street Prattville, Alabama, 36067 |
| Baldwin | (251) 937-0260 | 208 Courthouse Square Bay Minette, Alabama, 36507 |
| Barbour | (334) 687-1530 | PO Box 758 Eufaula, Alabama, 36072 |
| Bibb | (205) 926-3108 | 8 Court Sq W, Suite A Centreville, Alabama, 35042 |
| Blount | (205) 625-4191 | 220 Second Ave E, Room 101 Oneonta, Alabama, 35121 |
| Bullock | (334) 738-2250 | PO Box 71 Union Springs, Alabama, 36089 |
| Butler | (334) 382-3512 | PO Box 756 Greenville, Alabama, 36037 |
| Calhoun | (256) 241-2825 | 1702 Noble Street, Suite 102 Anniston, Alabama, 36202 |
| Chambers | (334) 864-4380 | 2 South Lafayette St. Lafayette, Alabama, 36862 |
| Cherokee | (256) 927-3363 | 260 Cedar Bluff Road, Suite 101 Centre, Alabama, 35960 |
| Chilton | (205) 755-1555 | PO Box 270 Clanton, Alabama, 35045 |
| Choctaw | (205) 459-2414 | 117 South Mulberry Butler, Alabama, 36904-2557 |
| Clarke | (251) 275-3251 | PO Box 10 Grove Hill, Alabama, 36451 |
| Clay | (256) 354-2198 | PO Box 1120 Ashland, Alabama, 36251 |
| Cleburne | (256) 463-5655 | 120 Vickery Street, Room 101 Heflin, Alabama, 36264 |
| Coffee | (334) 897-2211 | PO Box 311247 Enterprise, Alabama, 36331 |
| Colbert | (256) 386-8542 | PO Box 47 Tuscumbia, Alabama, 35674 |
| Conecuh | (251) 578-1221 | PO Box 149 Evergreen, Alabama, 36401 |
| Coosa | (256) 377-4919 | PO Box 218 Rockford, Alabama, 35136 |
| Covington | (334) 428-2510 | PO Box 789 Andalusia, Alabama, 36420 |
| Crenshaw | (334) 335-6568 Ext. 226 | PO Box 328 Luverne, Alabama, 36049 |
| Cullman | (256) 775-4665 | PO Box 970 Cullman, Alabama, 35056 |
| Dale | (334) 774-2754 | PO Box 580 Ozark, Alabama, 36361 |
| Dallas | (334) 876-4830 | PO Box 987 Selma, Alabama, 36702 |
| DeKalb | (256) 845-8510 | 300 Grand Avenue SW, Ste 100 Fort Payne, Alabama, 35967 |
| Elmore | (334) 567-1140 | PO Box 280 Wetumpka, Alabama, 36092 |
| Escambia | (251) 867-0297 | PO Box 557 Brewton, Alabama, 36427 |
| Etowah | (256) 549-5342 | PO Box 187 Gadsden, Alabama, 35902 |
| Fayette | (205) 932-4519 | PO Box 670 Fayette, Alabama, 35555 |
| Franklin | (256) 332-8801 | PO Box 70 Russellville, Alabama, 35653 |
| Geneva | (334) 684-5640 | PO Box 430 Geneva, Alabama, 36340 |
| Greene | (205) 372-3340 | PO Box 790 Eutaw, Alabama, 35462 |
| Hale | (334) 624-8740 | 1001 Main St. Greensboro, Alabama, 36744 |
| Henry | (334) 585-3257 | 101 Courtsquare, Suite A Abbeville, Alabama, 36310 |
| Houston | (334) 677-4792 | PO Box 6406 Dothan, Alabama, 36302 |
| Jackson | (256) 574-9290 | PO Box 128 Scottsboro, Alabama, 35768 |
| Jefferson | (205) 325-5426 | 716 Richard Arrington, Jr. Blvd Birmingham, Alabama, 35203 |
| Lamar | (205) 695-9119 | PO Box 338 Vernon, Alabama, 35592 |
| Lauderdale | (256) 760-5804 | PO Box 1059 Florence, Alabama, 35631 |
| Lawrence | (256) 974-2439 | P.O. Box 310 Moulton, Alabama, 35650 |
| Lee | (334) 745-9761 | PO Box 2266 Opelika, Alabama, 36803 |
| Limestone | (256) 233-6427 | 100 South Clinton Street, Suite D Athens, Alabama, 35611 |
| Lowndes | (334) 548-2365 | PO Box 5 Hayneville, Alabama, 36040 |
| Macon | (334) 724-2611 | 101 East Rosa Parks Ave, Suite 101 Tuskegee, Alabama, 36083 |
| Madison | (256) 532-3330 | 100 North Side Square, Room 101 Huntsville, Alabama, 35801 |
| Marengo | (334) 295-2210 | PO Box 480668 Linden, Alabama, 36748 |
| Marion | (205) 921-2471 | PO Box 1687 Hamilton, Alabama, 35570 |
| Marshall | (256) 571-7764 | 425 Gunter Ave, Suite 110 Guntersville, Alabama, 35976 |
| Mobile | (251) 574-6000 | PO Box 7 Mobile, Alabama, 36601 |
| Monroe | (251) 743-4107 | PO Box 665 Monroeville, Alabama, 36461 |
| Montgomery | (334) 832-1240 | PO Box 223 Montgomery, Alabama, 36101 |
| Morgan | (256) 351-4675 | PO Box 848 Decatur, Alabama, 35602 |
| Perry | (334) 683-2210 | PO Box 478 Marion, Alabama, 36756 |
| Pickens | (205) 367-2010 | PO Box 370 Carrollton, Alabama, 35447 |
| Pike | (334) 566-1246 | 120 W. Church Street Troy, Alabama, 36081 |
| Randolph | (256) 357-4933 | PO Box 249 Wedowee, Alabama, 36278 |
| Russell | (334) 298-7979 | PO Box 700 Phenix City, Alabama, 36868 |
| Shelby | (205) 669-3710 | PO Box 825 Columbiana, Alabama, 35051 |
| St. Clair | (205) 594-2120 | PO Box 220 Ashville, Alabama, 35953 |
| Sumter | (205) 652-7281 | PO Box 1040 Livingston, Alabama, 35470 |
| Talladega | (256) 362-4175 | PO Box 737 Talladega, Alabama, 35161 |
| Tallapoosa | (256) 825-4266 | 125 N Broadnax Street, Room 126 Dadeville, Alabama, 36853 |
| Tuscaloosa | (205) 349-3870 | PO Box 20067 Tuscaloosa, Alabama, 35402 |
| Walker | (205) 384-7284 | PO Box 502 Jasper, Alabama, 35502 |
| Washington | (251) 847-2201 | PO Box 549 Chatom, Alabama, 36518 |
| Wilcox | (334) 682-4883 | PO Box 668 Camden, Alabama, 36726 |
| Winston | (205) 489-5219 | PO Box 27 Double Springs, Alabama, 35553 |
