(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. COMMENTARY:
Posting of bond is rare in probate. However, in those rare cases where bond is required or the fiduciary wants to obtain it, the insurer will issue bond only upon receipt of a certified copy of the order appointing the fiduciary. The court clerks have balked at filing the order without issuing the letters at the same time. This rule clarifies the steps necessary to post bond and have letters issued.
(b) Payment of Costs. The fiduciary obtaining a bond may charge the costs as a proper cost of administration of the estate. COMMENTARY:
This rule reflects statute and common practice and should eliminate uncertainty.
(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. COMMENTARY:
This rule conforms to the Rules of Civil Procedure to provide a consistent treatment of sureties.