Revised Code of Washington - RCW Title 11 Probate And Trust Law - Section 11.28.190 Examination of sureties -- Additional security -- Costs

§ 11.28.190. Examination of sureties -- Additional security -- Costs

Before the judge approves any bond required under this chapter, and after its approval, he may, of his own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to issue, requiring such sureties to appear before him at a designated time and place, to be examined touching their property and its value; and the judge must, at the same time, cause notice to be issued to the personal representative, requiring his appearance on the return of the citation, and on its return he may examine the sureties and such witnesses as may be produced touching the property of the sureties and its value; and if upon such examination he is satisfied that the bond is insufficient he must require sufficient additional security. If the bond and sureties are found by the court to be sufficient, the costs incident to such hearing shall be taxed against the party instituting such hearing. As a part of such costs the sureties appearing shall be allowed such fees and mileage as witnesses are allowed in civil proceedings: PROVIDED, That when the citation herein referred to is issued on the motion of the court, no costs shall be imposed.

[1965 c 145 § 11.28.190. Prior: 1917 c 156 § 68; RRS § 1438; prior: Code 1881 § 1400; 1877 p 212 § 4; 1863 p 221 § 129; 1860 p 183 § 96.]

Notes:
Fees and allowances of witnesses: Chapter 2.40 RCW, RCW 5.56.010. Sections:  Previous  11.28.120  11.28.131  11.28.140  11.28.150  11.28.160  11.28.170  11.28.185  11.28.190  11.28.210  11.28.220  11.28.230  11.28.235  11.28.237  11.28.238  11.28.240  Next

Last modified: April 7, 2009