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.)