§ 33-18-5. Appointment of new fiduciary — Powers of survivors — New bond.
In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give a new bond; but if he or she were a joint administrator or guardian appointed by the court, a new administrator or guardian, if deemed advisable, may be appointed in the place of the one so resigning; and a new bond of the survivor, or of the survivor with the new administrator or guardian, shall be given, and other proceedings shall be taken as may be deemed advisable.
History of Section.C.P.A. 1905, § 829; G.L. 1909, ch. 312, § 15; G.L. 1923, ch. 363, § 15; G.L. 1938, ch. 575, § 13; G.L. 1956, § 33-18-5.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally
Section 33-18-1. - Publication of qualification of fiduciary — Statement filed by clerk.
Section 33-18-2. - General grounds for removal of fiduciary.
Section 33-18-3. - Citation in action to remove fiduciary.
Section 33-18-4. - Resignation of fiduciary.
Section 33-18-5. - Appointment of new fiduciary — Powers of survivors — New bond.
Section 33-18-6. - Transfer of records and property to successor fiduciary — Action on bond.
Section 33-18-7. - Continuation of actions by or against successor fiduciary.
Section 33-18-8. - Judgment against fiduciary in continuation of action by or against decedent.
Section 33-18-9. - Appointment of agent by nonresident fiduciary.
Section 33-18-10. - Appointment of agent by fiduciary removing from state.
Section 33-18-11. - Death, resignation, or removal of fiduciary’s agent from state.
Section 33-18-12. - Revocation of power of fiduciary’s agent.
Section 33-18-13. - Removal of fiduciary for failure to appoint agent.
Section 33-18-14. - Service of process on fiduciary’s agent.
Section 33-18-15. - Exercise of power of sale in mortgage.
Section 33-18-16. - Abandonment or adjustment of controversies.
Section 33-18-17. - Action in name of estate prosecuted by interested person.
Section 33-18-18. - Intervention in proceedings by or against estate.
Section 33-18-21. - Recording of documents in court.
Section 33-18-22. - Release by good faith delivery of property under court order.
Section 33-18-23. - Bona fide transfer of property to executor, administrator, or guardian.
Section 33-18-24. - Transfer of corporate securities and mortgages by foreign fiduciary.
Section 33-18-25. - Payment of debt or delivery of property to foreign fiduciary.
Section 33-18-26. - Action by foreign executor or administrator — Prerequisites.
Section 33-18-28. - Decree ratifying payment or delivery by fiduciary without order.
Section 33-18-29. - Deposit of unclaimed funds in court — Payment by court.