Rule 46 Bond
Part A. General Rules | A-XII. Miscellaneous Provisions
Rule Text
(a) Procedures for Posting. When the court orders that a bond be filed in connection with the issuance of letters to a fiduciary, the petitioner shall present the order appointing the fiduciary to the court for signature, without the letters evidencing appointment. The clerk shall then accept the order for filing without presentation of the letters. The fiduciary may then present a certified copy of the order by which the fiduciary was appointed to the insurer for issuance of the bond. The completed bond and letters may thereafter be presented to the court for filing and issuance of the letters.
(b) Payment of Costs. The fiduciary obtaining a bond may charge the costs as a proper cost of administration of the estate.
(c) Proceeding Against Surety. Each surety on a bond presented to the court submits itself to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on petition without the necessity of an independent action. The petition and such notice of the petition as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if the surety's address is known.