Section 43-2-84

Bond of applicant when administration committed to general administrator or sheriff.

(a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless such person enters into bond, with surety, to be approved by the judge, to pay the fees and allowances made by the court on such administration, if the property of the estate is insufficient therefor.

(b) If, upon the settlement of an administrator appointed under subsection (a), it appears that sufficient assets of his intestate have not come to his hands to pay the costs and expenses legally incurred in his administration, the probate court having jurisdiction of such administration may enter a judgment and thereon issue execution against the obligors in the bond mentioned in subsection (a), for any excess due above the assets in the hands of such administrator.

(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373, 2374; Code 1886, §§2031, 2032; Code 1896, §§74, 75; Code 1907, §§2543, 2544; Code 1923, §§5765, 5766; Code 1940, T. 61, §§99, 100.)