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The 189th General Court of the Commonwealth of Massachusetts

Section 3-605: Demand for sureties by interested person

[Text of section applicable as provided by 2012, 140, Sec. 66.]

Section 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.