Alabama § 43-2-82 Liability of Judge of Probate, Etc., in Taking Bond

Alabama Statutes

§ 43-2-82 — Liability of Judge of Probate, Etc., in Taking Bond

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 2 Administration of Estates·Art. 4 Bonds of Executors and Administrators

When a party is required to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking an insufficient bond from any personal representative, fiduciary, or someone serving in a similar capacity. Any person injured thereby may maintain an action against the judge and his or her sureties and recover for the injury proved.

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When a party is required to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking an insufficient bond from any personal representative, fiduciary, or someone serving in a similar capacity. Any person injured thereby may maintain an action against the judge and his or her sureties and recover for the injury proved.

Alabama § 43-2-82 (Liability of Judge of Probate, Etc., in Taking Bond) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Code 1852, §1692; Code 1867, §2013; Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code 1923, §5767; Code 1940, T. 61, §101; Act 2017-174, §1.)