Motion, when bond is insufficient

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§ 2104. Motion, when bond is insufficient

If a surviving spouse, heir, creditor, devisee, or legatee of a decedent or their legal representatives, or a person interested in a trust estate, considers the bond given to the Probate Division of the Superior Court by a fiduciary insufficient, they may file a motion for an additional bond. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. If it appears to the court that the bond is not sufficient, it shall order the fiduciary to give a new and sufficient bond within the time limited. If the new bond is not filed within that new time, the court shall remove the fiduciary and fill the vacancy. (Amended 1985, No. 144 (Adj. Sess.), § 92; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)


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