Mass. Gen. Laws ch. 190B § 3-605

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 190B:3-605 - Demand for sureties by interested person

Any person apparently having an interest in the estate worth in excess of $5000 or any creditor having a claim in excess of $5000, may make a written demand that a personal representative give sureties on the bond. The demand shall be filed with the court and a copy mailed to the personal representative if appointment and qualification have occurred. Thereupon, sureties shall be required but such requirement shall cease if the person demanding sureties ceases to be interested in the estate or if sureties are excused under section 3-604. After receiving notice and until the provision of sureties or cessation of the requirement of sureties, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of sureties by providing suitable sureties within 30 days after receipt of notice shall be cause for removal and appointment of a successor personal representative.

Mass. Gen. Laws ch. 190B, § 3-605

Amended by Acts 2012, c. 140,§ 18, eff. 7/8/2012.
Added by Acts 2008, c. 521,§ 9, eff. 7/1/2011.