Rhode Island General Laws 33-17-1.2. When surety not required
(a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the administrator is an heir-at-law of the decedent who demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. The probate court may require surety in any instance where it finds the circumstances so warrant such surety.
Terms Used In Rhode Island General Laws 33-17-1.2
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
(b) In making a determination as to whether surety should be required, the probate court’s consideration may include, but shall not be limited to, the following:
(1) The total number of the decedent’s heirs at law;
(2) The relationship of the heirs at law to one another;
(3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent’s estate, or the corresponding lack of such issues and/or conflicts; and
(4) The total size, extent and monetary value of the decedent’s estate; and
In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate.
History of Section.
P.L. 1977, ch. 112, § 1; P.L. 1985, ch. 159, § 1; P.L. 1999, ch. 484, § 2.