If all distributees of a decedent's estate or all beneficiaries under thedecedent's will are personal representatives of that decedent's estate,whether serving alone or with others who are not distributees orbeneficiaries, the court or clerk shall not require security; if all personalrepresentatives of a testate decedent are entitled to file a statement inlieu of an accounting under § 26-20.1, the security shall be required onlyupon the portion of their bond given in connection with the property passingto beneficiaries who are not personal representatives; and no security shallbe required of an executor when the will waives security of an executornominated therein. However, in any case, upon the application of any personwho has a pecuniary interest or upon motion of the court or clerk, suchfiduciary may be required to provide security in an amount deemed sufficient.If at any time any person with an interest, or a legatee, devisee ordistributee of an estate files with the court a motion in writing suggestingthat surety upon the bond should be required of a fiduciary for theprotection of the estate, a copy of such motion shall be served upon thefiduciary. The court shall hear the matter and may require the fiduciary tofurnish surety upon his bond in the amount it deems necessary and, inaddition, award to the movant reasonable attorney's fees and costs whichshall be paid out of the estate.
This section shall be deemed to permit qualification without security insituations where the personal representative or personal representatives arethe only distributees or only beneficiaries by virtue of one or moreinstruments of disclaimer filed prior to, or at the time of, such personalrepresentative's qualification.
(Code 1950, § 64-117; 1966, c. 325; 1968, c. 656; 1970, c. 426; 1974, c. 140;1977, c. 144; 1994, c. 393; 1996, c. 57.)
If all distributees of a decedent's estate or all beneficiaries under thedecedent's will are personal representatives of that decedent's estate,whether serving alone or with others who are not distributees orbeneficiaries, the court or clerk shall not require security; if all personalrepresentatives of a testate decedent are entitled to file a statement inlieu of an accounting under § 26-20.1, the security shall be required onlyupon the portion of their bond given in connection with the property passingto beneficiaries who are not personal representatives; and no security shallbe required of an executor when the will waives security of an executornominated therein. However, in any case, upon the application of any personwho has a pecuniary interest or upon motion of the court or clerk, suchfiduciary may be required to provide security in an amount deemed sufficient.If at any time any person with an interest, or a legatee, devisee ordistributee of an estate files with the court a motion in writing suggestingthat surety upon the bond should be required of a fiduciary for theprotection of the estate, a copy of such motion shall be served upon thefiduciary. The court shall hear the matter and may require the fiduciary tofurnish surety upon his bond in the amount it deems necessary and, inaddition, award to the movant reasonable attorney's fees and costs whichshall be paid out of the estate.
This section shall be deemed to permit qualification without security insituations where the personal representative or personal representatives arethe only distributees or only beneficiaries by virtue of one or moreinstruments of disclaimer filed prior to, or at the time of, such personalrepresentative's qualification.
(Code 1950, § 64-117; 1966, c. 325; 1968, c. 656; 1970, c. 426; 1974, c. 140;1977, c. 144; 1994, c. 393; 1996, c. 57.)
If all distributees of a decedent's estate or all beneficiaries under thedecedent's will are personal representatives of that decedent's estate,whether serving alone or with others who are not distributees orbeneficiaries, the court or clerk shall not require security; if all personalrepresentatives of a testate decedent are entitled to file a statement inlieu of an accounting under § 26-20.1, the security shall be required onlyupon the portion of their bond given in connection with the property passingto beneficiaries who are not personal representatives; and no security shallbe required of an executor when the will waives security of an executornominated therein. However, in any case, upon the application of any personwho has a pecuniary interest or upon motion of the court or clerk, suchfiduciary may be required to provide security in an amount deemed sufficient.If at any time any person with an interest, or a legatee, devisee ordistributee of an estate files with the court a motion in writing suggestingthat surety upon the bond should be required of a fiduciary for theprotection of the estate, a copy of such motion shall be served upon thefiduciary. The court shall hear the matter and may require the fiduciary tofurnish surety upon his bond in the amount it deems necessary and, inaddition, award to the movant reasonable attorney's fees and costs whichshall be paid out of the estate.
This section shall be deemed to permit qualification without security insituations where the personal representative or personal representatives arethe only distributees or only beneficiaries by virtue of one or moreinstruments of disclaimer filed prior to, or at the time of, such personalrepresentative's qualification.
(Code 1950, § 64-117; 1966, c. 325; 1968, c. 656; 1970, c. 426; 1974, c. 140;1977, c. 144; 1994, c. 393; 1996, c. 57.)
