Idaho State Statutes - Idaho Attorney Directory

(a) The following requirements
and provisions apply to any bond required by this Part:
(1) Bonds shall name the state of Idaho as obligee for the benefit of the
persons interested in the estate and shall be conditioned upon the
faithful discharge by the fiduciary of all duties according to law.
(2) Unless otherwise provided by the terms of the approved bond, sureties
are jointly and severally liable with the personal representative and with
each other. The address of sureties shall be stated in the bond.
(3) By executing an approved bond of a personal representative, the
surety consents to the jurisdiction of the probate court which issued
letters to the primary obligor in any proceedings pertaining to the
fiduciary duties of the personal representative and naming the surety as a
party. Notice of any proceeding shall be delivered to the surety or mailed
to him by registered or certified mail at his address as listed with the
court where the bond is filed and to his address as then known to the
petitioner.
(4) On petition of a successor personal representative, any other
personal representative of the same decedent, or any interested person, a
proceeding in the court may be initiated against a surety for breach of
the obligation of the bond of the personal representative.
(5) The bond of the personal representative is not void after the first
recovery but may be proceeded against from time to time until the whole
penalty is exhausted.
(b) No action or proceeding may be commenced against the surety on any
matter as to which an action or proceeding against the primary obligor is
barred by adjudication or limitation.

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