Probate proceedings take many forms.  The laws and procedures vary from state-to-state.  Thus, when someone calls me and asks me a question about someone who died in a state other than California, I quickly tell them that I am not qualified to answer their question.  In California, our probate procedures do not provide for the judge to administer the estate. 

While I do not know the law in Alabama, I have been reading about the case of a Covington County probate judge who has recently been convicted on theft by deception and ethics charges. Specifically she was convicted of stealing 1.8 million dollars from an estate with no heirs.  Witnesses testified that she put the money in a personal account instead of a public account.  Moreover, there was testimony that she made withdrawals to buy an expensive car, a truck and to pay off mortgages.

In California, the administrator or executor of the estate is in control of the assets of the estate.  Only that individual has the legal ability to handle the estate assets.  This is not to say that there are not unscrupulous administrators or executors.  Frequently, but not always, the probate judge requires them to post a bond.

The Judge in the Alabama case was sentenced to three years in prison and is currently a free woman because she posted a $20,000 appeal bond.  The lesson to learn is that beneficiaries of probate estates ideally should be aware of the status of the probate proceedings.