(a) The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond.
(b) (1) Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof.
(2) The 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 interested person.
(3) The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct.
(4) Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity.
(5) The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond.
(c) If the estate is already distributed, or if for any reason the procedure to recover on the bond provided in subsection (b) of this section is inadequate, or at his or her election, an interested person may bring a separate suit in a court of competent jurisdiction in his or her own behalf for damages suffered by him or her by reason of the default of the personal representative.
(d) 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.
Section: Previous 28-48-202 28-48-203 28-48-204 28-48-205 28-48-206 28-48-207 28-48-208 28-48-209 NextLast modified: November 15, 2016