75-3-605. Demand for bond by interested person.
If bond is excused as provided in Section 75-3-603, any person apparently having an
interest in the estate worth in excess of $5,000, or any unsecured creditors having a claim in
excess of $5,000, may make a written demand that a personal representative give bond. The
demand shall be filed with the registrar and a copy mailed to the personal representative, if
appointment and qualification have occurred. Thereupon, bond is required, but the requirement
ceases if the person demanding bond ceases to be interested in the estate, or withdraws the
demand. After he has received notice and until the filing of the bond or cessation of the
requirement of bond, the personal representative shall refrain from exercising any powers of his
office except as necessary to preserve the estate. Failure of the personal representative to meet a
requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for his
removal and appointment of a successor personal representative.
Amended by Chapter 21, 1985 General Session
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Last revised: Thursday, May 28, 2009