Letters; issuance; conditions
Sec. 3. Letters testamentary, of administration, of administration
with the will annexed, de bonis non, and all other letters special or
otherwise, shall be issued to the person entitled to receive the same
when:
(a) Said person, if an individual, has taken and subscribed before
the clerk or any other officer authorized to administer oaths, an oath
or affirmation that he will faithfully discharge the duties of his trust
according to law and has given such bond as may be required and the
bond has been approved by the court.
(b) Some officer of the corporation, if the person is a corporation,
has taken and subscribed before the clerk or any other officer
authorized to administer oaths, an oath or affirmation that said bank
or trust company will faithfully discharge the duties of its trust
according to law, has filed an acceptance of the appointment, duly
executed and acknowledged by one (1) of its officers and, if a bond
is required to be filed by it, shall have filed such bond as may be
required and the bond shall have been approved by the court. The
oath and, if a bank or trust company, also the acceptance shall be
filed and recorded as a part of the proceedings of the estate.
(Formerly: Acts 1953, c.112, s.1003; Acts 1971, P.L.407, SEC.1.)
Last modified: May 27, 2006