75-3-605 - Demand for bond by interested person.
75-3-605. Demand for bond by interested person.
If bond is excused as provided in Section 75-3-603, any person apparently having aninterest in the estate worth in excess of $5,000, or any unsecured creditors having a claim inexcess of $5,000, may make a written demand that a personal representative give bond. Thedemand shall be filed with the registrar and a copy mailed to the personal representative, ifappointment and qualification have occurred. Thereupon, bond is required, but the requirementceases if the person demanding bond ceases to be interested in the estate, or withdraws thedemand. After he has received notice and until the filing of the bond or cessation of therequirement of bond, the personal representative shall refrain from exercising any powers of hisoffice except as necessary to preserve the estate. Failure of the personal representative to meet arequirement of bond by giving suitable bond within 30 days after receipt of notice is cause for hisremoval and appointment of a successor personal representative.
Amended by Chapter 21, 1985 General Session