§ 28A-8-5. Rights of surety in danger of loss. - North Carolina Statutes

§28A‑8‑5.  Rights of surety in danger of loss.

Any surety on the bond of apersonal representative who is in danger of loss under his suretyship may filehis petition on oath with the clerk of superior court setting forth the facts,and asking that such personal representative be removed from office, or that hebe required to give security to indemnify the petitioner against apprehendedloss, or that the petitioner be discharged as surety and be released fromliability for any future breach of the bond. The clerk of superior court shallthereupon issue a citation to the personal representative, requiring him toanswer the petition within 10 days after service thereof. If, upon the hearing,the clerk of superior court determines that the surety is entitled to relief,he may grant the same in such manner as to serve the best interest of theestate. In any event, however, the previous surety shall not be released fromliability for any breach of duty by the personal representative occurring priorto the filing of bond with a new surety unless the new surety assumes liabilityfor the earlier breaches. (1868‑9, c. 113, s. 90; Code, s. 1519; Rev., s.33; C.S., s. 41; 1973, c. 1329, s. 3.)