§ 2105. Surety may move for new bond and settlement; removal
If the surety for a fiduciary considers himself or herself in danger of being injured thereby, a motion may be filed to order the fiduciary to settle the account and give a new bond. Upon notice and hearing, if it appears to the Probate Division of the Superior Court that the surety is in danger of being injured, it shall order the fiduciary to settle the account and give a new bond. When a new bond is filed and approved, the surety shall be discharged. If the fiduciary does not settle the accounts and give a new bond when so ordered, the court shall remove the fiduciary and fill the vacancy. (Amended 1985, No. 144 (Adj. Sess.), § 93; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians
§ 2101. Probate bonds; amount; sureties; for whose benefit; to whom taken
§ 2102. Foreign company; certificate of authority; fee
§ 2104. Motion, when bond is insufficient
§ 2105. Surety may move for new bond and settlement; removal
§ 2107. Discharge of executor, administrator, trustee, guardian; account; exoneration of surety
§ 2109. Person injured; action on bond or judgment
§ 2110. Claims for breach may be prosecuted by representatives