26-2 - Commissioners to examine and report on bonds and whether fiduciaries should be removed.
§ 26-2. Commissioners to examine and report on bonds and whether fiduciariesshould be removed.
When any fiduciary, other than a sheriff or other officer, who is required todo so has filed an inventory or an account with the commissioner of accounts,the commissioner shall examine whether the fiduciary has given such bond asthe law requires, and whether it is in a penalty, and with suretiessufficient. At any time before a required filing is made with thecommissioner, upon the application of any person who is interested or whoappears as next friend of an infant interested, after reasonable notice tosuch fiduciary, any commissioner of accounts for the court in which the orderconferring authority on the fiduciary was made shall investigate any of suchmatters, or inquire whether security ought to be required of a fiduciary whomay have been allowed to qualify without giving it, or whether, by reason ofthe incapacity, misconduct, or removal of any fiduciary from thisCommonwealth, or for any other cause, it is improper to permit the estate ofthe decedent, ward, or other person, to remain under his control. The resultof every such examination and inquiry shall be reported by the commissionerto the court by which he is appointed and to the clerk of such court.
When any fiduciary of an estate has given a bond to the court and thenabsconds with or improperly disburses any or all of the assets of the estate,the commissioner may petition the court in which the order was madeconferring his authority on the fiduciary, and ask the court to order thatsuch bond be forfeited.
(Code 1919, § 5416; 1966, c. 340; 1974, c. 156; 1987, c. 489; 1997, c. 842.)