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This entry was published on 2014-09-22
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Action or proceeding on bond; disposition of proceeds; summary determination in certain cases 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 8
§ 809. Action or proceeding on bond; disposition of proceeds; summary

determination in certain cases

1. When permitted. An action or proceeding on a fiduciary's bond may
be brought in either of the following cases if leave of the court by
motion on notice to the surety is granted:

(a) by a person having a judgment or decree against the fiduciary
which remains unsatisfied after the expiration of 10 days from date of

(b) by the fiduciary's successor or if the fiduciary has died, been
removed, or his letters have been revoked and if no successor has been
appointed, by any aggrieved person, for the recovery of any money or
property received by the fiduciary and not duly administered by him or
for an injury to the estate caused by his act or omission.

2. Disposition of proceeds. The decree or judgment in the action or
proceeding on the bond shall provide for the disposition of any proceeds
that may be recovered in the action or proceeding.

3. Summary determination in certain cases. Where a decree has been
made directing payment by a fiduciary and payment has not been made
within 10 days after date of entry, any person in whose favor the decree
was rendered may as an alternative to an action or proceeding on the
bond as provided in subdivision 1 seek a summary determination of the
surety's liability in the court making the decree. Process shall issue
to the surety and such other persons as the court may direct. Upon the
return of process the court may conduct such proceedings and make such
decree or order as justice shall require.