§ 29-1-11-10 — Breach of obligation; damages; intervention

(a) The court may, on breach of the
obligation of the bond of the personal representative, after notice to the
obligors in the bond and to such other persons as the court directs,
determine the damages as a part of the proceeding for the
administration of the estate, and by appropriate proceeding enforce the
collection thereof from those liable on the bond. Such determination
and enforcement may be made by the court upon its own motion or
upon application of a successor personal representative, or of any other
personal representative, or of any other interested person. The court
may hear the application at time of settling the accounts of the
defaulting personal representative or at such other time as the court
may direct. Damages shall be assessed on behalf of all interested
persons and may be paid over to the successor or other non-defaulting
personal representative and distributed as other assets held by the
personal representative in his official capacity.
(b) The bond of the personal representative shall not be void upon
the first recovery, but may be proceeded upon from time to time until
the whole penalty is exhausted.
(c) If the court has already determined the liability of the personal
representative, the sureties shall not be permitted thereafter to deny
such liability in any action or hearing to determine their liability; but
the surety may intervene in any hearing to determine the liability of the
personal representative.
Formerly: Acts 1953, c.112, s.1110.