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2023 Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 4 - Bonds of Executors and Administrators.
Section 43-2-82 - Liability of Judge of Probate, etc., in Taking Bond.
Universal Citation: AL Code § 43-2-82 (2023)
Section 43-2-82
Liability of judge of probate, etc., in taking bond.
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.
(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.)
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