§ 33-17-1.2. When surety not required.
(a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the administrator is an heir-at-law of the decedent who demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. The probate court may require surety in any instance where it finds the circumstances so warrant such surety.
(b) In making a determination as to whether surety should be required, the probate court’s consideration may include, but shall not be limited to, the following:
(1) The total number of the decedent’s heirs at law;
(2) The relationship of the heirs at law to one another;
(3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent’s estate, or the corresponding lack of such issues and/or conflicts; and
(4) The total size, extent and monetary value of the decedent’s estate; and
In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate.
History of Section.P.L. 1977, ch. 112, § 1; P.L. 1985, ch. 159, § 1; P.L. 1999, ch. 484, § 2.
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.