§ 33-17-1.2 - When surety not required.
SECTION 33-17-1.2
§ 33-17-1.2 When surety not required.– (a) No surety shall be required on any bond, including surety on a bond for thesale of real estate, of an administrator of the estate of a person who diedintestate, when the administrator is the surviving spouse or the sole heir ofthe decedent, or when the administrator is an heir-at-law of the decedent whodemonstrates to the satisfaction of the probate court that circumstanceswarrant the waiver of surety and/or that no surety should be required. Theprobate court may require surety in any instance where it finds thecircumstances so warrant such surety.
(b) In making a determination as to whether surety should berequired, the probate court's consideration may include, but shall not belimited 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/orconflicts between the heirs at law in regard to the decedent's estate, or thecorresponding lack of such issues and/or conflicts; and
(4) The total size, extent and monetary value of thedecedent's estate; and
In making a determination pursuant to provisions of thissection, the court may conduct such hearings as it deems appropriate.