Title 33, Title 33 Practice and Procedure

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.

Upon the qualification of every executor, administrator, conservator, or guardian, the probate clerk shall give notice of the qualification by publication in any newspaper and as often as the court may direct, and in the newspaper shall notify creditors to file their claims in th…

Every executor, administrator, or guardian appointed in this state but who thereafter leaves the state shall in writing appoint a like agent with like stipulations, and shall cause the writing to be filed in the office of the clerk of the probate court which appointed him or her.

If an agent appointed under the provisions of §§ 33-18-9 and 33-18-10 dies, resigns, or leaves the state before the final settlement of the estate, another like appointment shall be made and filed as above provided.

The power of an agent appointed under either of §§ 33-18-9 — 33-18-11 shall not be revoked until the final settlement of the estate, unless another agent is appointed in his or her place and the appointment filed as above provided.

Neglect or refusal on the part of an executor, administrator, or guardian to comply with any requirement of §§ 33-18-9 — 33-18-12 may be cause for removal.

Service of any legal process upon an agent appointed under §§ 33-18-9 — 33-18-12 shall be of the same legal effect as if made upon his or her principal in this state.

In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administra…

The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estat…

If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may …

If a suit or proceeding be pending, whether instituted by the administrator, executor, guardian, or any legally interested person, then no additional suit or proceeding shall be brought for the same cause, but the administrator, executor, guardian, or any legally interested perso…

Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those legally interested persons instituting …

Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she administers, the probate court, u…

Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17 — 33-18-19 in the same manner and to the same extent as may now be done by the probate courts with reference to claims by or against es…

Any paper or instrument discharging a claim or purporting to acknowledge the performance of a duty or the payment of money, for which an executor, administrator, or guardian is chargeable or accountable in a probate court, shall, upon the request of a party interested, be recorde…

Whenever any person acting as executor, administrator, custodian, or guardian shall make payments or deliver property or estate pursuant to the order of a probate court having jurisdiction, after the expiration of the time within which an appeal lies from the order and while an a…

All persons making or permitting to be made any payment or transfer bona fide upon any official certificate of appointment of any executor, administrator, or guardian, issued by the probate court in respect of the estate of any deceased person or ward, shall be justified and held…

Any corporation organized under the laws of this state may, before having actual notice of the pendency of an application in this state for letters testamentary, of administration, or guardianship, permit the executor of the will or administrator of the estate of a decedent who a…

Any person or corporation in this state, before having actual notice of the pendency of an application in this state for letters testamentary of administration or guardianship may pay any money owing or deliver any personal property belonging to the estate of any decedent whose r…

If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in …

If an executor, administrator, or guardian has paid or delivered to the persons entitled thereto the money or other property in his or her hands as required by a decree of a probate court, he or she may perpetuate the evidence of payment or delivery by presenting to the court, wi…

If, without an order of court, an executor, administrator, or guardian pays or delivers any money or other property in his or her hands to a legatee, distributee, or ward, and thereafter renders an account, upon oath, with a full and detailed statement, to the probate court, and …

If money, which a decree of a probate court has ordered to be paid over, remains for six (6) months unclaimed, the executor, administrator, or guardian who was ordered to pay over the money may deposit it in the registry of the probate court to accumulate for the benefit of the p…

Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator o…

If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a proper discharge therefor, or is out of the countr…

Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing on the petition, the court may enter a decree granting a discharge, if it deems it proper, and thereafter the executor, administrator …

Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning h…

In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give …

An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, docum…

Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court to prose…

If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the same shall be pending, or if, hav…

Every executor, administrator or guardian appointed in, but residing out of, the state shall, before entering upon the duties of his or her trust, appoint in writing an agent residing in this state, and shall by the writing agree that the service of any legal process against him …