Breach of obligation; damages; intervention
Sec. 10. (a) The court may, on breach of the obligation of the
bond of the personal representative, after notice to the obligors in the
bond and to such other persons as the court directs, determine the
damages as a part of the proceeding for the administration of the
estate, and by appropriate proceeding enforce the collection thereof
from those liable on the bond. Such determination and enforcement
may be made by the court upon its own motion or upon application
of a successor personal representative, or of any other personal
representative, or of any other interested person. The court may hear
the application at time of settling the accounts of the defaulting
personal representative or at such other time as the court may direct.
Damages shall be assessed on behalf of all interested persons and
may be paid over to the successor or other non-defaulting personal
representative and distributed as other assets held by the personal
representative in his official capacity.
(b) The bond of the personal representative shall not be void upon
the first recovery, but may be proceeded upon from time to time until
the whole penalty is exhausted.
(c) If the court has already determined the liability of the personal
representative, the sureties shall not be permitted thereafter to deny
such liability in any action or hearing to determine their liability; but
the surety may intervene in any hearing to determine the liability of
the personal representative.
(Formerly: Acts 1953, c.112, s.1110.)
Last modified: May 27, 2006