§ 26-3-8 — Giving of New Bond by Conservator Upon Application for Discharge from Liability of Surety - Required; Effect of Failure to Give Bond

Upon the application in writing of any surety or sureties upon the bond of a conservator requesting to be discharged from future liability as such surety or sureties or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, it shall be the duty of the court to give such conservator notice of such application and to require him or her, within 15 days after the service of the notice, to make a new bond. Upon the failure to make such bond, such conservator shall be removed and his or her letters revoked and upon such removal he or she shall make settlement of his or her conservatorship. Any number of persons having the right to make application under this section may join in the application.

Legislative History

(Code 1852, §2019; Code 1867, §2418; Code 1876, §2764; Code 1886, §§2385, 2409; Code 1896, §2279; Code 1907, §4369; Code 1923, §8142; Code 1940, T. 21, §34; Acts 1987, No. 87-590, p. 975, §2-333(b).)