§ 33-17-1.3. When surety not required for guardians.
(a) No surety shall be required on any bond of a guardian of the person and/or estate when the guardian is the spouse, parent, child, brother, sister, or other heir at law of the ward if the guardian demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required.
(b) In making a determination as to whether surety should be required for guardians, the probate court’s consideration may include, but shall not be limited to, the following:
(1) The total number of the ward’s heirs at law;
(2) The relationship of the ward’s heirs at law to one another;
(3) The extent to which there appears to be issues and/or conflicts between the ward’s heirs at law in regard to the guardianship, or the corresponding lack of such issues and/or conflicts; and
(4) The total size, extent, and monetary value of the ward’s estate.
(c) In making a determination pursuant to the provision of this section, the court may conduct any hearings that it deems appropriate. The provisions of this section shall apply to both temporary and/or full guardianships.
History of Section.P.L. 1985, ch. 479, § 1; P.L. 1999, ch. 484, § 2; P.L. 2011, ch. 363, § 9.
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.