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 § 43-2-82

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 4Bonds of Executors and Administrators

This text of Alabama § 43-2-82 (Liability of Judge of Probate, Etc., in Taking Bond) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-82 (2026).

Text

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.

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.)