Probate Practice and Procedure

Bonds of Executors, Administrators, and Guardians

SECTION 33-17-1.2

§ 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 administrator is an heir-at-law of the decedent who demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. The probate court may require surety in any instance where it finds the circumstances so warrant such surety.

(b) In making a determination as to whether surety should be required, the probate court's consideration may include, but shall not be limited to, the following:

(1) The total number of the decedent's heirs at law;

(2) The relationship of the heirs at law to one another;

(3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent's estate, or the corresponding lack of such issues and/or conflicts; and

(4) The total size, extent and monetary value of the decedent's estate; and

In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate.

History of Section.
(P.L. 1977, ch. 112, § 1; P.L. 1985, ch. 159, § 1; P.L. 1999, ch. 484, § 2.)