If, at any hearing upon any report of any personal representative, it shall appear
to the court before which said proceeding is pending that said personal representative
has not fully accounted to the beneficiaries of his or her trust and that said report
should not be approved as rendered, the court may continue said hearing to a day certain
and may cite the surety upon the bond of said personal representative to appear upon
the date fixed in said citation and show cause why the account should not be disapproved
and judgment entered for any deficiency against said personal representative and the
surety upon his or her bond. Said citation shall be personally served upon said surety in the manner provided
by law for the service of summons in civil actions and shall be served not less than
twenty days previous to said hearing. At said hearing any interested party, including the surety so cited, shall have
the right to introduce any evidence which shall be material to the matter before the
court. If, at said hearing, the report of said personal representative shall not be approved
and the court shall find that said personal representative is indebted to the beneficiary
of his or her trust in any amount, the court may thereupon enter final judgment against
said personal representative and the surety upon his or her bond, which judgment shall
be enforceable in the same manner and to the same extent as judgments in ordinary
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.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.