Recordation of executor’s and administrator’s bond; copies to interested parties; actions on bonds

§ 20–364. Recordation of executor’s and administrator’s bond; copies to interested parties; actions on bonds (a) The Register of Wills shall record in his office every bond executed by an executor or administrator. The Register of Wills shall deliver, on demand, to a person conceiving himself to be interested in the administration of the estate, a copy of the bond, under his hand and seal. Upon this copy, an action may be maintained, in the name of the United States, for the use of the party interested. In the action, judgment may be recovered for the damage actually sustained. (b) In the manner provided by subsection (a) of this section, an administrator appointed in the place of an executor or administrator who has resigned, or has been removed, or whose letters have been revoked, may maintain an action against the former executor or administrator, and his sureties, on his administration bond, for loss and damage to the estate resulting from this breach of duty. (c) A creditor may not maintain an action on a testamentary or administration bond for a claim against the testator or intestate: (1) until, when practicable, an action has been commenced against the executor or administrator of the deceased and: (A) a summons issued in the action has been returned “Not to be found”; or (B) a writ of fieri facias or of attachment, issued on a judgment against the executor or administrator, has been returned “nulla bona”; or (2) until, in the judgment of the court before whom the action may be tried, there is such apparent insolvency of the 79 Stat. 712executor or administrator or insufficiency of his effects as to leave the creditor without remedy except by action on the bond.