Section 4A Temporary executor or administrator
[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 33. See 2008, 521, Sec. 44.]
Section 4A. A temporary executor or temporary administrator with the will annexed shall be exempt from giving a surety on his bond if the widow or husband, if any, and all of the heirs at law and next of kin of the deceased of full age and legal capacity certify to the probate court their assent thereto; and the testator has ordered or requested that such person be exempt as executor from giving a surety or from giving bond, or all the devisees and legatees who would take present vested interests, or their legal guardians, under the will certify to the probate court their assent thereto; provided that the petition for appointment as temporary executor or temporary administrator with the will annexed has annexed thereto an affidavit of the petitioner that to the best of his knowledge and belief the real and personal property of the estate exceeds the debts of the deceased and the charges of his last sickness and funeral, the anticipated costs of the settlement of his estate, and any allowances anticipated to be payable under the provisions of chapter one hundred and ninety-six.
The probate court may, however, at any time require the temporary executor or temporary administrator with the will annexed to give a bond with sureties.