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.
Structure 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.
Section 43-2-83 - Discharge of Surety; New Bond.
Section 43-2-85 - Bond of General Administrator.
Section 43-2-86 - Additional Bond of General Administrator.
Section 43-2-87 - Additional Bond of Sheriff.
Section 43-2-88 - When Sureties Discharged by Additional Bond.
Section 43-2-89 - Force and Obligations of Former Bonds Continued.
Section 43-2-90 - Rights of Sureties Among Themselves.
Section 43-2-91 - Bonds Valid and Operative as Statutory Bonds.
Section 43-2-92 - Conditional Execution or Delivery of Bond.