CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.

§44-1-8. When executor or administrator not to give bond; when surety not required.

(a) Subject to the provisions of section three, article five of this chapter governing the appointment of a nonresident of this state as an executor, where the will directs that an executor shall not give bond, it shall not be required of him or her, unless at the time the will is admitted to probate or at any time subsequently, on the application of any person interested, and after a hearing, it is required by the county commission that bond ought to be given.

(b) No surety shall be required on the bond of the executor if he or she is also the sole beneficiary of the decedent, unless the will directs otherwise, and no surety shall be required on the bond of the administrator if he or she is the sole distributee of the decedent, unless at the time the will is admitted to probate or the administrator is appointed or at any time thereafter, on the application of any person interested, and after a hearing, it is required by the county commission that surety ought to be given.

(c) In all such cases where no surety is required of the executor or administrator, the executor or administrator shall nevertheless be liable upon his or her bond upon his or her own personal recognizance in the event of default, failure or misadministration by the executor or administrator.

Bills Affecting §44-1-8

2002 Regular Session: SB674
2002 Regular Session: SB674
2004 Regular Session: HB4078
2004 Regular Session: SB586
2005 Regular Session: HB2552
2005 Regular Session: HB2939
2006 Regular Session: HB4390
2008 Regular Session: SB736
2009 Regular Session: HB2740
2009 Regular Session: HB3295
2009 Regular Session: SB387
2010 Regular Session: SB622
2011 Regular Session: HB2551
2011 Regular Session: HB2885
2011 Regular Session: SB190
2016 Regular Session: HB4400
2016 Regular Session: HB4400
2017 Regular Session: HB2967
2017 Regular Session: SB259
2018 Regular Session: HB4209
2018 Regular Session: HB4209
2018 Regular Session: SB127
2019 Regular Session: HB2306
2019 Regular Session: HB2306
2020 Regular Session: HB2306
2020 Regular Session: HB2306
2020 Regular Session: HB4933
2020 Regular Session: SB213
2021 Regular Session: HB3011
2021 Regular Session: HB3011
2021 Regular Session: SB80