§ 2101. Probate bonds; amount; sureties; for whose benefit; to whom taken Bonds required to be taken by order of the Probate Division of the Superior Court shall be for such sum and with such surety or sureties as the court directs, except where the law otherwise prescribes. The bonds shall be for the security […]
§ 2102. Foreign company; certificate of authority; fee A Probate Division of the Superior Court shall not accept a foreign fidelity insurance company as surety on a bond required to be filed in the court, unless the company is authorized to do business in this State and has filed in the court a certificate of […]
§ 2103. Record; evidence Upon acceptance and approval of bonds required to be given to a Probate Division of the Superior Court, the bonds shall be filed and docketed in the office of the court to which they are given. A copy of the bond duly certified by the court shall be evidence in all […]
§ 2104. Motion, when bond is insufficient If a surviving spouse, heir, creditor, devisee, or legatee of a decedent or their legal representatives, or a person interested in a trust estate, considers the bond given to the Probate Division of the Superior Court by a fiduciary insufficient, they may file a motion for an additional […]
§ 2105. Surety may move for new bond and settlement; removal If the surety for a fiduciary considers himself or herself in danger of being injured thereby, a motion may be filed to order the fiduciary to settle the account and give a new bond. Upon notice and hearing, if it appears to the Probate […]
§ 2106. New bond When a fiduciary desires to file a new bond with sureties in substitution for the bond then on file, the Probate Division of the Superior Court, in its discretion and upon notice, may allow a new bond to be filed. Upon approving the new bond, the court may accept it in […]
§ 2107. Discharge of executor, administrator, trustee, guardian; account; exoneration of surety When an executor, administrator, trustee, or guardian has paid and delivered over to the persons entitled to it the money or other property in his or her hands as required by a decree of the Probate Division of the Superior Court, he or […]
§ 2108. How prosecuted Bonds given to the Probate Division of the Superior Court shall be prosecuted in the Superior Court of the county in which they were given for the benefit of those injured by the breach of their conditions, in the following manner: (1) A person claiming to be injured by a breach […]
§ 2109. Person injured; action on bond or judgment After a person is injured by the breach of the condition of the bond, he or she may bring from time to time an action in his or her own name on the judgment rendered for the penalty of the bond. In that action, he or […]
§ 2110. Claims for breach may be prosecuted by representatives Claims for damages for breach of the conditions of a bond may be prosecuted by an executor, administrator, or guardian in behalf of those he or she represents, in the same manner as by persons living. The claims may be prosecuted against the representatives of […]