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Crown or any lien, mortgage or other security existing during the lifetime of the deceased on any of his real or personal estate; and no debt due by the deceased shall be paid by the personal representative, or action brought therefor, until the debt is proven by affidavit, and such affidavit has been delivered to the personal representative.

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Except where otherwise provided by law, where letters of administration including administration with the will annexed are granted to a person who is a creditor of the deceased or who is not a resident of the Province, the person shall give a bond to the Court to enure to the benefit of the Court or such person or persons to whom the Court may later assign the bond upon default being made thereunder, with a surety or sureties as required by the Court, conditioned for the due collecting, getting in, administering and accounting for the property of the deceased, and the bond shall be in the form prescribed by the rules, and in cases not provided for by the rules, the bond shall be in such form as the Court by special order directs.

When an executor survives a testator, but dies without having taken probate, or when an executor is summoned to take probate and does not appear, his right in respect of the executorship wholly ceases, and the representation on behalf of the testator and the administration of his property without any further renunciation go, devolve, and are committed in the same manner as if that person had not been named executor.

Where a surety for a personal representative dies or becomes insolvent or where for any other reason any security furnished by a personal representative becomes inadequate or insufficient, the Court may require other or additional security to be furnished, and if it is not furnished as directed the Court may revoke the grant of letters of administration.

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Province of Quebec may be admitted to probate without the production of the original will upon filing a notarial copy thereof together with the other proper proofs leading to a grant.

Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.

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Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by him to or for any such purpose, notice of an application for the passing of accounts shall be served upon the Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee.

Court; and save as may be otherwise directed by this Act or the rules, such jurisdiction and authority shall be exercised in the manner hitherto in use.

This section applies notwithstanding any provision to the contrary of any bond or security heretofore given by the executor or administrator.

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Published on  December 4th, 2016

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