26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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43-2-111
Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or
25-6-3. The personal representative and the sureties on his bond are liable to the parties
in interest for the due and legal distribution of all damages recovered by such representative
under sections 6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may
be pursued against such representative and sureties for the due administration of personal
assets. (Code 1886, §2593; Code 1896, §338; Code 1907, §2799; Code 1923, §6038; Code 1940,
T. 61, §115.)...
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5-5A-38
Section 5-5A-38 Disposition of small deposits of deceased person - To whom payable; when bond
required. Whenever a person shall die leaving deposits in a bank not exceeding $5,000.00 in
the aggregate, the bank may in its discretion discharge itself from liability thereafter by
paying the deposits to the surviving spouse of the deceased or, if there is none, to the adult
children and to the person having the actual custody and control of the minor child or children
of the deceased; provided, that such person, if not the legal guardian, shall execute to the
probate judge of the county where the principal office of the bank is located a bond in the
penal sum of double the amount of the portion of such deposit he receives for the faithful
accounting of the money so received, which shall be approved by said probate judge; or, if
there is no surviving spouse or child or children, to the person or persons who, under the
laws of Alabama, are the next of kin and inherit the personal property of...
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26-3-13
Section 26-3-13 Liability of probate judge, etc., for neglect or omission in taking bond. The
judge of probate and the sureties on his or her official bond are liable to any person injured
for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator
a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent,
or intentional misconduct in not requiring the execution of a new or additional bond in the
cases in which such bond is required by law, if he or she knows or has good cause to believe
that the case exists in which such new or additional bond should be required. (Code 1886,
§2389; Code 1896, §2283; Code 1907, §4373; Code 1923, §8146; Code 1940, T. 21, §38; Acts
1987, No. 87-590, p. 975, §2-333(b); Act 2017-174, §1.)...
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36-5-60
Section 36-5-60 When surety may apply for discharge. Any person who is surety upon the official
bond of any state officer or employee may discharge himself of such suretyship whenever he
is in danger of being made liable on such bond and has no adequate remedy against his principal
in consequence of his inability to discharge such liability, upon his making an application
in writing setting forth such facts. (Code 1852, §144; Code 1867, §183; Code 1876, §197;
Code 1886, §292; Code 1896, §3124; Code 1907, §1540; Code 1923, §2674; Code 1940, T. 41,
§123.)...
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5-17-16
Section 5-17-16 Disposition of shares or deposit account of deceased person. Whenever a person
shall die leaving a share or deposit account in a credit union not exceeding ten thousand
dollars ($10,000), the credit union having the share or deposit account may discharge itself
from liability thereafter by paying the funds in the share or deposit account to the widow
or surviving husband of the deceased or, if there is no widow or surviving husband, to the
persons having the actual custody or control of the minor child or children of the deceased;
provided, that such person, if not the legal guardian, shall execute to the probate judge
of the county a bond in the penal sum of double the amount of such deposit for the faithful
accounting of the money so received, which shall be approved by the probate judge, or, if
there is no minor child or children, to the person or persons who under the laws of Alabama
are the heirs and inherit the personal property of the deceased. No such payment is...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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43-2-82
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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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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