43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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43-2-88
Section 43-2-88 When sureties discharged by additional bond. When an additional bond is given
on the application of the surety of an executor or administrator, such surety is discharged
as to all breaches subsequent to the execution and approval of the additional bond. (Code
1852, §1715; Code 1867, §2036; Code 1876, §2405; Code 1886, §2057; Code 1896, §104; Code
1907, §2551; Code 1923, §5773; Code 1940, T. 61, §107.)...
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26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
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43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against
sureties. Execution and all other final process may issue against the said sureties on said
bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940,
T. 61, §334.)...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for
order requiring sureties to make settlement. In any case where an executor or administrator
shall die without having made a final settlement of his administration and a successor is
appointed, such succeeding executor or administrator or the heirs and distributees, legatees
or cestui que trust may, by petition to the court in which such estate is pending, have an
order requiring the sureties on such bond to make settlement of such estate in said court
after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98,
p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
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43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
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11-2-7
Section 11-2-7 Discharge of sureties on bonds. Any person or corporation who is surety upon
the official bond of any county official or county employee may discharge himself or itself
of the suretyship upon making sworn application in writing addressed to the official, county
commission, board, or commission required to approve the bonds, setting forth the reason for
requesting discharge. Upon the filing of the application, the official, board, or commission
to whom the application is addressed shall forthwith cause personal written notice to be served
upon the county official or county employee as principal fixing a day not less than 15 nor
more than 30 days after the date of the filing of the application requiring the county official
or county employee to provide a new bond. Upon the failure of the county official or county
employee to provide the bond within the time specified in the notice, he or she vacates his
or her office or employment, and the official, county commission,...
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43-2-505
Section 43-2-505 Time for settlement; notice generally. (a) Upon the filing of such account,
vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement,
and must give notice of the same, by publication in some newspaper published in the county,
for three successive weeks; or, if none is published in the county, by posting such notice
at the courthouse and three other public places in such county, for the same length of time;
but if the settlement be only an annual one, publication shall only be given by posting up
notices as above provided. If the settlement is a final one, the probate judge must also give
10 days' notice of the day set for making the settlement to every adult distributee resident
in the state whose place of residence is known or can be ascertained with reasonable diligence,
and to all sureties on the bond of the administrator or executor. (b) Such notice must state
the name of the executor or administrator, the name of the deceased,...
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43-2-561
Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative
of deceased executor or administrator party to settlement. Should an administrator or executor
of such deceased executor or administrator be appointed at any time before final decree, any
party to the proceeding may, on motion, have such executor or administrator of such deceased
executor or administrator made a party to such settlement on 10 days' notice. (Acts 1915,
No. 98, p. 138; Code 1923, §5936; Code 1940, T. 61, §331.)...
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