Probate Practice and Procedure

Decedents' and Incompetents' Estates Generally

SECTION 33-18-6

§ 33-18-6. Transfer of records and property to successor fiduciary – Action on bond.

An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or papers whatsoever belonging to the estate held by him or her or them, and in case of neglect or refusal to deliver them the probate court may, upon the petition of the successor or of any person beneficially interested, after hearing thereon, order the person holding them to deliver the property so held by him or her, and shall have the power to enforce the order by summary process for contempt, and the successor may also bring an action for the recovery of property, and the successor shall also bring an action on the bond of the preceding executor, administrator or guardian against all parties liable on the bond, which action when brought shall bar all actions by others on the bond for the same breach; but if the successor neglects or refuses to bring an action on the bond after written request therefor by any person interested, it shall be deemed a breach of his or her bond, and in this case suit may be brought on the first named bond by any person interested.

History of Section.
(C.P.A. 1905, § 830; G.L. 1909, ch. 312, § 16; G.L. 1923, ch. 363, § 16; G.L. 1938, ch. 575, § 14; G.L. 1956, § 33-18-6.)