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Rhode Island · Through site files published 2025-08-13 · Newer source version available

R.I. Gen. Laws § 33-17-1.2: When surety not required.

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Where this section sits in the code
  1. Title 33 Probate Practice and Procedure
  2. Chapter 17 Bonds of Executors, Administrators, and Guardians

(a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the administrator is an heir-at-law of the decedent who demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. The probate court may require surety in any instance where it finds the circumstances so warrant such surety.

(b) In making a determination as to whether surety should be required, the probate court’s consideration may include, but shall not be limited to, the following:

(1) The total number of the decedent’s heirs at law;

(2) The relationship of the heirs at law to one another;

(3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent’s estate, or the corresponding lack of such issues and/or conflicts; and

(4) The total size, extent and monetary value of the decedent’s estate; and

In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate.

Collected 2026-09-05T19:58:38Z. Source file · JSON

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