Title 33, Title 33 Practice and Procedure

A probate court, for cause shown, may cancel the bond of an executor, administrator, or guardian so as to relieve the principal and sureties for any breach thereafter committed, and may take and accept a new and sufficient bond in its stead.

Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall cause reasonable notice of the application to be…

A surety, or any other person interested in a probate bond, may at any time make written application to the court for an order requiring the principal to exhibit fully before the court the condition of the estate held by him or her, so that it may be ascertained whether or not th…

Every person interested in a bond given to a probate court shall be entitled to a copy of the bond on payment of the fee therefor, and to sue on the bond in the name of the court to which the bond is given.

The writ, in addition to the usual indorsement of the name of the plaintiff and attorney, if there be one, shall also have written thereon the name or names of the person or persons for whose benefit the suit is brought, who shall give surety for costs as in other cases, and agai…

If a suit is brought by a creditor of the deceased person, he or she shall show: (1) That his or her claim has been duly filed; (2) That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and (3) Th…

If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse to pay over what h…

If the suit be brought by a distributee for his or her part of the personal estate, he or she shall exhibit a copy of the decree of the probate court, ascertaining its amount, and prove that he or she has made a demand therefor upon the administrator.

Upon a hearing upon the forfeiture of a bond, the court shall examine the claims of the several persons whose names are indorsed upon the writ, and judgment shall be rendered for those persons, respectively, for the amount so ascertained to be due to each (but with only one bill …

A condition in any bond given to the court requiring that the executor, administrator, or guardian, as the case may be, “shall faithfully perform his or her duties according to law as such fiduciary”, shall have the same force, meaning, and effect as a full recitation of the cond…

Any person to whose use judgment shall be rendered in the name of the probate court as provided in § 33-17-19 may sue out execution thereon and have the execution levied according to law, and shall be deemed to be the creditor to every intent and purpose whatsoever.

During the pendency of a forfeiture suit, the court may, on motion, permit any person interested to become a party to the suit by indorsing his or her name on the writ, and by giving surety for costs, if required; and thereupon the person shall have the same rights and be subject…

After judgment for the penalty of a bond, any person interested, upon giving surety for costs as in other cases, may bring a civil action on the judgment; and upon proof of his or her claim may have judgment so that an execution shall issue to his or her use.

No suit or judgment on a bond shall abate or bar any suit thereon against any obligor against whom no suit has been commenced or judgment rendered.

A judgment in favor of the obligor shall in no case bar any suit on a bond for the benefit of a different claimant or of the same claimant for a different claim.

A suit may also be brought on a bond for the benefit of all concerned in the estate at the instance of any party interested, who shall give surety for costs to the defendant on the writ, and satisfactory bond to the probate court securing the court against expenses and costs; in …

Suit on a probate bond, except the bond authorized by § 33-17-3, may be brought whenever it shall appear that the administrator or the executor has received the personal estate of the testator or intestate and has not, after being cited by the court to do so, exhibited upon oath …

In the cases mentioned in § 33-17-26, judgment shall be rendered against the executor or administrator so in default for the full penalty of the bond; and, upon a hearing upon forfeiture, the court shall award execution against the executor or administrator in favor of the probat…

In case of a recovery, the amount so recovered shall be deemed to be the property of the testator or intestate, and, after paying therefrom all expenses of recovery, shall be administered by a new administrator to be appointed for that purpose.

Whenever suits are brought upon separate bonds of joint executors, administrators, or guardians, they may be consolidated. If judgment for the penal sum is obtained upon more than one of the bonds, one execution shall issue for the amount found due for defaults for which two (2) …

Instead of the above bond, an executor, if so authorized by the will, or if he or she be the residuary legatee of the will, may give a bond to the probate court in a sum and with surety satisfactory to the court, and with condition to pay the funeral charges, debts and legacies o…

An order or request in a will that an executor or guardian shall be exempt from giving bond or surety shall only exempt the executor or guardian from giving surety. The probate court, however, may require the executor or guardian at any time to give bond with surety or sureties.

An executor, administrator, or guardian, required by the provisions of §§ 33-17-1 — 33-17-4 to give bond, who for thirty (30) days after his or her appointment fails to file a bond approved by the court, may be adjudged to have declined the trust.

An executor, administrator or guardian who has given to the probate court an instrument purporting to be a bond, which has been accepted as a bond by the court having jurisdiction to accept it, shall be qualified as if he or she had given a proper bond, notwithstanding any defect…

No bond required to be given to a probate court shall be accepted until it has been examined and approved by the court, or examined by the clerk and found to conform to the order of the court, and the approval of the court or clerk entered of record.

Joint executors, administrators and guardians may give either a joint or several bond, or each may give a separate bond.

All bonds required to be given to a probate court shall be made payable to the court, and shall be filed in the office of the probate clerk. In case a bond is lost, a copy of the record of it shall be admitted in evidence. These bonds shall be sued in the name of the court.