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Current as of January 01, 2022 | Updated by FindLaw Staff
(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.
(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.
Cite this article: FindLaw.com - Rhode Island General Laws Title 33. Probate Practice and Procedure § 33-17-1.2. When surety not required - last updated January 01, 2022 | https://codes.findlaw.com/ri/title-33-probate-practice-and-procedure/ri-gen-laws-sect-33-17-1-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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