§ 33-18-6. Transfer of records and property to successor fiduciary — Action on bond.
An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or papers whatsoever belonging to the estate held by him or her or them, and in case of neglect or refusal to deliver them the probate court may, upon the petition of the successor or of any person beneficially interested, after hearing thereon, order the person holding them to deliver the property so held by him or her, and shall have the power to enforce the order by summary process for contempt, and the successor may also bring an action for the recovery of property, and the successor shall also bring an action on the bond of the preceding executor, administrator or guardian against all parties liable on the bond, which action when brought shall bar all actions by others on the bond for the same breach; but if the successor neglects or refuses to bring an action on the bond after written request therefor by any person interested, it shall be deemed a breach of his or her bond, and in this case suit may be brought on the first named bond by any person interested.
History of Section.C.P.A. 1905, § 830; G.L. 1909, ch. 312, § 16; G.L. 1923, ch. 363, § 16; G.L. 1938, ch. 575, § 14; G.L. 1956, § 33-18-6.
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.