Title 53, Chapter 7, Section 16
( 53-7-16)
The personal representative and sureties shall be held and deemed
joint and several obligors and may be subjected jointly and
severally to liability in the same action. When a personal
representative removes beyond the limits of this state, dies and
leaves an unrepresented estate, or is in such a position that an
attachment may be issued as against a debtor, any party in interest
or any person having demands against that personal representative in
the personal representative's representative capacity may institute
an action against the sureties or any one or more of them upon the
bond of the personal representative in the first instance, without
first obtaining a judgment against the personal representative in
that person's representative capacity. No prior judgment
establishing the liability of the personal representative or a
devastavit by the personal representative shall be necessary before
an action is brought against the sureties on the bond. |