Legislation
SECTION 710
Objections which require bond from fiduciary not otherwise required to file bond 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 710. Objections which require bond from fiduciary not otherwise
required to file bond
1. No bond shall be required of an executor unless required by the
will or by 806 or by this section.
2. A person named as executor or a testamentary guardian or trustee
who is not required by the will to give a bond, shall be entitled to
letters by giving a bond as prescribed by law, although an objection has
been established to the satisfaction of the court that the person is a
non-domiciliary.
3. If after the issuance of letters, a fiduciary not required by will
to give a bond, who is a citizen of the United States, has become a
non-domiciliary, he may be required to give a bond in an amount to be
fixed by the court, upon objection filed and proof taken.
4. No fiduciary shall remove property of the estate without the state
without the prior approval of the court and upon filing a bond if
required by the court.
required to file bond
1. No bond shall be required of an executor unless required by the
will or by 806 or by this section.
2. A person named as executor or a testamentary guardian or trustee
who is not required by the will to give a bond, shall be entitled to
letters by giving a bond as prescribed by law, although an objection has
been established to the satisfaction of the court that the person is a
non-domiciliary.
3. If after the issuance of letters, a fiduciary not required by will
to give a bond, who is a citizen of the United States, has become a
non-domiciliary, he may be required to give a bond in an amount to be
fixed by the court, upon objection filed and proof taken.
4. No fiduciary shall remove property of the estate without the state
without the prior approval of the court and upon filing a bond if
required by the court.