Probate Practice and Procedure

Bonds of Executors, Administrators, and Guardians

SECTION 33-17-1.3

§ 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 circumstances warrant the waiver of surety and/or that no surety should be required.

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

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

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

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

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

(c) In making a determination pursuant to the provision of this section, the court may conduct any hearings that it deems appropriate. The provisions of this section shall apply to both temporary and/or full guardianships.

History of Section.
(P.L. 1985, ch. 479, § 1; P.L. 1999, ch. 484, § 2; P.L. 2011, ch. 363, § 9.)