Alabama § 43-2-840 Improper Exercise of Power; Breach of Fiduciary Duty

Alabama Statutes

§ 43-2-840 — Improper Exercise of Power; Breach of Fiduciary Duty

Alabama § 43-2-840

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 20Probate Procedure Act

This text of Alabama § 43-2-840 (Improper Exercise of Power; Breach of Fiduciary Duty) 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 § 43-2-840 (2026).

Text

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative’s fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 43-2-841 and 43-2-842.

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If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative’s fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 43-2-841 and 43-2-842.