§ 26-2. Commissioners to examine and report on bonds and whether fiduciaries should be removed
When any fiduciary, other than a sheriff or other officer, who is required to do so has filed an inventory or an account with the commissioner of accounts, the commissioner shall examine whether the fiduciary has given such bond as the law requires, and whether it is in a penalty, and with sureties sufficient. At any time before a required filing is made with the commissioner, upon the application of any person who is interested or who appears as next friend of an infant interested, after reasonable notice to such fiduciary, any commissioner of accounts for the court in which the order conferring authority on the fiduciary was made shall investigate any of such matters, or inquire whether security ought to be required of a fiduciary who may have been allowed to qualify without giving it, or whether, by reason of the incapacity, misconduct, or removal of any fiduciary from this Commonwealth, or for any other cause, it is improper to permit the estate of the decedent, ward, or other person, to remain under his control. The result of every such examination and inquiry shall be reported by the commissioner to the court by which he is appointed and to the clerk of such court.
When any fiduciary of an estate has given a bond to the court and then absconds with or improperly disburses any or all of the assets of the estate, the commissioner may petition the court in which the order was made conferring his authority on the fiduciary, and ask the court to order that such bond be forfeited.
(Code 1919, § 5416; 1966, c. 340; 1974, c. 156; 1987, c. 489; 1997, c. 842.)
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