If at the hearing it appears that the estate is but little indebted, and that the share of the party applying may be allowed to him without loss to the creditors of the estate, the court must make an order in conformity with the prayer of the applicant, requiring:
1. Each heir, legatee or devisee obtaining such order, before receiving his share of the estate or any portion thereof, to execute and deliver to the executor or administrator a bond, in such sum as shall be designated by the court, with surety or sureties to be approved by the court, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. If the court determines that the circumstances are such that a bond is not necessary, the court may order that no bond shall be required.
2. The executor or administrator to deliver to the heir, legatee or devisee the whole portion of the estate to which he may be entitled, or only a part thereof, designating it.
If, in the execution of the order, a partition is necessary between two or more of the parties interested, it must be made in the manner hereinafter prescribed. The costs of these proceedings shall be paid by the applicant, or if there be more than one, shall be apportioned equally amongst them.
Amended by Laws 1988, c. 329, § 133, eff. Nov. 1, 1988.
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