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MASSACHUSETTS STATUTES AND CODES

Section 3-605 Demand for sureties by interested person

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]

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 bond. The demand shall be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, bond shall be required, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or if the bond is excused as provided in 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.

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