§ 33-17-1. Conditions of bond. Every executor, administrator, and guardian, before entering upon the execution of his or her trust, shall give bond to the probate court in any sum as it shall require, with sufficient surety or sureties, and with condition, except as provided in §§ 33-17-3 and 33-17-4, substantially as follows: (1) In […]
§ 33-17-1.2. When surety not required. (a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the […]
§ 33-17-1.3. When surety not required for guardians. (a) No surety shall be required on any bond of a guardian of the person and/or estate when the guardian is the spouse, parent, child, brother, sister, or other heir at law of the ward if the guardian demonstrates to the satisfaction of the probate court that […]
§ 33-17-10. Requiring further bond or sureties. (a) If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time […]
§ 33-17-11. Cancelation of bond — New bond. A probate court, for cause shown, may cancel the bond of an executor, administrator, or guardian so as to relieve the principal and sureties for any breach thereafter committed, and may take and accept a new and sufficient bond in its stead. History of Section.C.P.A. 1905, § […]
§ 33-17-12. Release of surety — New surety — Action by surety against principal. Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall […]
§ 33-17-13. Order to principal on bond to exhibit condition of estate. A surety, or any other person interested in a probate bond, may at any time make written application to the court for an order requiring the principal to exhibit fully before the court the condition of the estate held by him or her, […]
§ 33-17-14. Copies of bond — Suit in name of court. Every person interested in a bond given to a probate court shall be entitled to a copy of the bond on payment of the fee therefor, and to sue on the bond in the name of the court to which the bond is given. […]
§ 33-17-15. Beneficiaries of suit on bond shown — Costs. The writ, in addition to the usual indorsement of the name of the plaintiff and attorney, if there be one, shall also have written thereon the name or names of the person or persons for whose benefit the suit is brought, who shall give surety […]
§ 33-17-16. Facts to be shown by creditor suing on bond. If a suit is brought by a creditor of the deceased person, he or she shall show: (1) That his or her claim has been duly filed; (2) That his or her claim has not been disallowed by the executor or administrator, or has […]
§ 33-17-17. Decree of unfaithful administration. If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse […]
§ 33-17-18. Evidence in action by distributee. If the suit be brought by a distributee for his or her part of the personal estate, he or she shall exhibit a copy of the decree of the probate court, ascertaining its amount, and prove that he or she has made a demand therefor upon the administrator. […]
§ 33-17-19. Hearing and judgment of forfeiture of bond. Upon a hearing upon the forfeiture of a bond, the court shall examine the claims of the several persons whose names are indorsed upon the writ, and judgment shall be rendered for those persons, respectively, for the amount so ascertained to be due to each (but […]
§ 33-17-2. Meaning of condition in bond of “faithful performance”. A condition in any bond given to the court requiring that the executor, administrator, or guardian, as the case may be, “shall faithfully perform his or her duties according to law as such fiduciary”, shall have the same force, meaning, and effect as a full […]
§ 33-17-20. Execution on judgment of forfeiture. Any person to whose use judgment shall be rendered in the name of the probate court as provided in § 33-17-19 may sue out execution thereon and have the execution levied according to law, and shall be deemed to be the creditor to every intent and purpose whatsoever. […]
§ 33-17-21. Addition of parties to suit for forfeiture. During the pendency of a forfeiture suit, the court may, on motion, permit any person interested to become a party to the suit by indorsing his or her name on the writ, and by giving surety for costs, if required; and thereupon the person shall have […]
§ 33-17-22. Action on judgment for penalty. After judgment for the penalty of a bond, any person interested, upon giving surety for costs as in other cases, may bring a civil action on the judgment; and upon proof of his or her claim may have judgment so that an execution shall issue to his or […]
§ 33-17-23. Obligors not released by judgment on bond. No suit or judgment on a bond shall abate or bar any suit thereon against any obligor against whom no suit has been commenced or judgment rendered. History of Section.C.P.A. 1905, § 1034; G.L. 1909, ch. 320, § 23; G.L. 1923, ch. 371, § 22; G.L. […]
§ 33-17-24. Suit on bond following judgment for obligor. A judgment in favor of the obligor shall in no case bar any suit on a bond for the benefit of a different claimant or of the same claimant for a different claim. History of Section.C.P.A. 1905, § 1035; G.L. 1909, ch. 320, § 24; G.L. […]
§ 33-17-25. Suit for benefit of all interested in estate. A suit may also be brought on a bond for the benefit of all concerned in the estate at the instance of any party interested, who shall give surety for costs to the defendant on the writ, and satisfactory bond to the probate court securing […]
