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Home > Statutes > Usa-Alabama
USA Statutes : alabama
Title : Title 26 INFANTS AND INCOMPETENTS.
Chapter : Chapter 03 BONDS OF GUARDIANS.
Section 26-3-1

Section 26-3-1
Generally.

Before the issue of letters of conservatorship, other than letters to the general conservator or to the sheriff, the judge of probate must require the conservator appointed to enter into bond with sufficient sureties, payable to the judge of probate, in a penalty prescribed by him.



(Code 1886, §§2378, 2406; Code 1896, §2272; Code 1907, §4362; Code 1923, §8135; Code 1940, T. 21, §27; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-10

Section 26-3-10
Bonds of certain conservators to have force and effect of statutory bonds.

The bond of the general conservator of the county or of the conservator of a minor or of an incapacitated person is valid and operative as a statutory bond and is of the same obligation, force and effect as a statutory bond, though it may not be approved or in the penalty or payable or with the condition required by law.



(Code 1886, §2387; Code 1896, §2281; Code 1907, §4371; Code 1923, §8144; Code 1940, T. 21, §36; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-11

Section 26-3-11
Liability of sureties upon certain conditionally executed bonds.

A surety on the bond of the general conservator of the county or on the bond of the conservator of a minor or an incapacitated person cannot avoid liability thereon on the ground that he signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect unless it was executed by some other person who does not execute it.



(Code 1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-12

Section 26-3-12
Approval, filing and recordation of bonds.

All bonds given by conservators must be approved by the judge of probate issuing the letters of conservatorship and must be filed and recorded in his office.



(Code 1852, §2020; Code 1867, §2419; Code 1876, §2763; Code 1886, §2386; Code 1896, §2284; Code 1907, §4374; Code 1923, §8147; Code 1940, T. 21, §39; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-13

Section 26-3-13
Liability of probate judge, etc., for neglect or omission in taking bonds.

The judge of probate and the sureties on his official bond are liable to any person injured for any neglect or omission of the judge in not taking from a conservator a good and sufficient bond or for taking thereon insufficient surety or for the neglect or omission to require the execution of a new or of an additional bond in the cases in which such bond is required by law, if he 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).)Section 26-3-14

Section 26-3-14
Reduction of conservator's bond upon partial settlement of estate.

Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his bond as such conservator. Thereupon, the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates and, on the day set for hearing, the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds.



(Acts 1939, No. 560, p. 883; Code 1940, T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-3

Section 26-3-3
Relief of testamentary conservator of minor from requirement of giving bond and effect thereof.

A testator may by his last will relieve the conservator of his appointment for a minor child or children from giving bond and sureties for the faithful performance of his duties as conservator, but the authority of such conservator shall not extend to any other property or estate of such minor child or children than such as is derived by gift, devise, descent or distribution from the testator, unless he gives bond, with sufficient sureties, as is required of other conservators.



(Code 1852, §2018; Code 1867, §2417; Code 1876, §2762; Code 1886, §2379; Code 1896, §2274; Code 1907, §4364; Code 1923, §8137; Code 1940, T. 21, §29; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 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 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 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 letters of conservatorship or, if letters have issued, must remove him 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, §8138; Code 1940, T. 21, §30; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-5

Section 26-3-5
General conservator for county.

The general conservator of the county must give bond, with at least two good and sufficient sureties, in a penalty to be prescribed by the judge of probate and payable to him, with condition to faithfully perform all the duties which are or may be required of him by law during the time he acts as such conservator.



(Code 1867, §2424; Code 1876, §2766; Code 1886, §2381; Code 1896, §2276; Code 1907, §4366; Code 1923, §8139; Code 1940, T. 21, §31; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-7

Section 26-3-7
Requirement of new or additional bond from conservator; effect of failure to give same.

The judge of probate shall have authority and it shall be his duty, whenever he deems it necessary for the safety of the ward, to require the conservator to give a new or additional bond. If, on notice of such requisition, such conservator fails for 10 days to give such new or additional bond, the judge is authorized to remove him and revoke his letters.



(Code 1852, §2019; Code 1867, §2418; Code 1876, §764; Code 1886, §§2384, 2408; Code 1896, §2278; Code 1907, §4368; Code 1923, §8141; Code 1940, T. 21, §33; Acts 1987, No. 87.-590, p. 975, §2-333(b).)Section 26-3-8

Section 26-3-8
Giving of new bond by conservator upon application for discharge from liability of surety - Required; effect of failure to give bond.

Upon the application in writing of any surety or sureties upon the bond of a conservator requesting to be discharged from future liability as such surety or sureties or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, it shall be the duty of the court to give such conservator notice of such application and to require him, within 15 days after the service of the notice, to make a new bond. Upon the failure to make such bond, such conservator shall be removed and his letters revoked and upon such removal he shall make settlement of his conservatorship. Any number of persons having the right to make application under this section may join in the application.



(Code 1852, §2019; Code 1867, §2418; Code 1876, §2764; Code 1886, §§2385, 2409; Code 1896, §2279; Code 1907, §4369; Code 1923, §8142; Code 1940, T. 21, §34; Acts 1987, No. 87-590, p. 975, §2-333(b).)Section 26-3-9

Section 26-3-9
Giving of new bond by conservator upon application for discharge from liability of surety - Effect of giving of new bond upon liability of surety.

When a new bond is given under Section 26-3-8, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.



(Code 1896, §2280; Code 1907, §4370; Code 1923, §8143; Code 1940, T. 21, §35.)
 
 
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