Petition and Order for Administration Bond — Appointment and Duty of New Administrator

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  1. A copy of such petition shall be served on the personal representative ten (10) days before any motion is made for an order of court upon the personal representative to give an administration bond.
  2. Upon satisfactory proof of the truth of the complaint, the court shall direct the personal representative to enter into bond with sureties, as other personal representatives are required to do.
  3. If the personal representative fails to comply with the order within ten (10) days after it is made, the court shall appoint an administrator for the estate, who shall give bond, with surety, as personal representatives are required to do.
  4. The administrator shall dispose of the estate agreeably to the will of the deceased, and shall forthwith call the personal representative to account.

Code 1858, §§ 2226-2229 (deriv. Acts 1813, ch. 120, § 4); Shan., §§ 3962-3965; Code 1932, §§ 8175-8178; T.C.A. (orig. ed.), §§ 30-207 — 30-210; Acts 1985, ch. 140, § 7.

Cross-References. Power of administrators with will annexed, §30-1-115.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 33, 561, 564, 588.


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