Probate Practice and Procedure

Decedents' and Incompetents' Estates Generally

SECTION 33-18-5

§ 33-18-5. Appointment of new fiduciary – Powers of survivors – New bond.

In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give a new bond; but if he or she were a joint administrator or guardian appointed by the court, a new administrator or guardian, if deemed advisable, may be appointed in the place of the one so resigning; and a new bond of the survivor, or of the survivor with the new administrator or guardian, shall be given, and other proceedings shall be taken as may be deemed advisable.

History of Section.
(C.P.A. 1905, § 829; G.L. 1909, ch. 312, § 15; G.L. 1923, ch. 363, § 15; G.L. 1938, ch. 575, § 13; G.L. 1956, § 33-18-5.)