Section 3-605
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.
Comment
The demand for sureties described in this section may be made in a petition or application for appointment of a personal representative, or may be made after a personal representative has been appointed. The mechanism for compelling sureties is designed to function without unnecessary judicial involvement. If demand for sureties is made in a formal proceeding, the judge can determine the amount of the bond to be required with due consideration for all circumstances. If demand is not made in formal proceedings, methods for computing the amount of bond are provided by statute so that the demand can be complied with without resort to judicial proceedings. The information which a personal representative is required by Section 3-705 to give each beneficiary includes a statement concerning whether sureties have been required.
Massachusetts comment
Chapter 140 of the Acts of 2012 amended this section to reflect that in Massachusetts bonds are always required of Personal Representatives, but sureties may, in certain circumstances, be waived.