(a)  If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time fixed by the court, the court shall remove the executor, administrator, or guardian without further notice, and appoint an administrator or guardian, respectively, to succeed him or her.

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Terms Used In Rhode Island General Laws 33-17-10

  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probate: Proving a will

(b)  In the event a probate court requires: (a) a fiduciary to file a bond with surety, and the amount is subsequently ordered to be increased; or (b) in the event a bond with surety is ordered for a temporary guardian, and the bond is ordered to be increased upon the entry/appointment of a permanent guardianship, the court may order the same bond to remain in effect and to be increased in an appropriate amount, as necessary.

History of Section.
C.P.A. 1905, § 1021; G.L. 1909, ch. 320, § 10; G.L. 1923, ch. 371, § 9; G.L. 1938, ch. 576, § 9; G.L. 1956, § 33-17-10; P.L. 1999, ch. 484, § 2.