§ 33-17-12. Release of surety — New surety — Action by surety against principal.
Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall cause reasonable notice of the application to be given to the principal on the bond and to all persons whom the court shall find to be directly interested in the estate for the security of which the bond was given, to appear and be heard upon the application. If it appears that the petition can be granted without prejudice to the estate, the court may order the principal to give, within such time as it may limit, a new probate bond; and if the order is not complied with, may remove him or her and appoint a successor. If the new bonds be duly given and approved, the surety on the original bond and his or her representatives shall not be liable for any breach thereafter committed, nor shall the surety or sureties on the succeeding bond be liable for any default occurring prior to the approval of the new bond. In any case where the surety upon any bond has become liable on the bond, he or she shall have liberty to institute any proper suit against his or her principal for his or her protection.
History of Section.C.P.A. 1905, § 1023; G.L. 1909, ch. 320, § 12; G.L. 1923, ch. 371, § 11; G.L. 1938, ch. 576, § 11; G.L. 1956, § 33-17-12.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-17 - Bonds of Executors, Administrators, and Guardians
Section 33-17-1. - Conditions of bond.
Section 33-17-1.2. - When surety not required.
Section 33-17-1.3. - When surety not required for guardians.
Section 33-17-2. - Meaning of condition in bond of “faithful performance”.
Section 33-17-3. - Bond to pay debts, legacies, and allowances.
Section 33-17-4. - Testamentary exemption from bond or surety.
Section 33-17-5. - Failure to give bond as declination of trust.
Section 33-17-6. - Defective bonds.
Section 33-17-7. - Examination and approval of bond.
Section 33-17-8. - Joint fiduciaries.
Section 33-17-9. - Bonds payable to and suable by court — Lost bonds.
Section 33-17-10. - Requiring further bond or sureties.
Section 33-17-11. - Cancelation of bond — New bond.
Section 33-17-12. - Release of surety — New surety — Action by surety against principal.
Section 33-17-13. - Order to principal on bond to exhibit condition of estate.
Section 33-17-14. - Copies of bond — Suit in name of court.
Section 33-17-15. - Beneficiaries of suit on bond shown — Costs.
Section 33-17-16. - Facts to be shown by creditor suing on bond.
Section 33-17-17. - Decree of unfaithful administration.
Section 33-17-18. - Evidence in action by distributee.
Section 33-17-19. - Hearing and judgment of forfeiture of bond.
Section 33-17-20. - Execution on judgment of forfeiture.
Section 33-17-21. - Addition of parties to suit for forfeiture.
Section 33-17-22. - Action on judgment for penalty.
Section 33-17-23. - Obligors not released by judgment on bond.
Section 33-17-24. - Suit on bond following judgment for obligor.
Section 33-17-25. - Suit for benefit of all interested in estate.
Section 33-17-26. - Suit on bond for failure to inventory or account for property.
Section 33-17-27. - Judgment and execution in suit for failure to inventory or account.
Section 33-17-28. - Administration of amount recovered in suit for failure to inventory or account.
Section 33-17-29. - Consolidation of suits against joint fiduciaries — Execution.