§ 43-2-83 — Discharge of Surety; New Bond

(a) Upon the application in writing of any surety or sureties upon the bond of an executor or administrator requesting to be discharged from any 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, the court shall give to such executor or administrator notice of such application and require him or her, within 15 days after the service of the notice, to make a new bond; and upon the failure to make such bond, such executor or administrator shall be removed and his or her letters revoked; and upon such removal he or she shall make settlement of his or her administration. Any number of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this section, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.

Legislative History

(Code 1876, §2385; Code 1886, §2044; Code 1896, §§90, 91; Code 1907, §§2547, 2548; Code 1923, §§5769, 5770; Code 1940, T. 61, §§103, 104.)