Short answer. Yes. Upon application, a person liable as surety on the administrator's bond may be admitted as a party to the settlement of that administrator's account, giving the surety a direct role in the proceeding where its own exposure is being determined.
What the law says
Upon the settlement of the account of an executor or administrator, a person liable as surety in respect to such account may, upon application, be admitted as party to such accounting.
Rule 85, Section 11 — Surety on bond may be party to accounting. Read the full provision →
Surety can step into the accounting
A surety on an administrator's bond has a direct financial stake in how the administrator's account is settled, since the surety can end up liable if the account reveals a shortfall or breach of trust. This rule recognizes that stake by allowing the surety to be admitted as a party to the accounting itself, rather than being left on the sidelines until a claim is later made against the bond.
Application, not automatic inclusion
The surety's participation is not automatic; it requires an application, so the surety must take the affirmative step of asking to be admitted as a party. Once admitted, the surety can take a more active role in how the account is examined and settled, protecting its own interest before liability is finally fixed rather than only afterward. This procedural step matters because it determines when, not whether, the surety gains a voice in the proceeding.
What admission as a party does not do
Being admitted as a party to the accounting does not itself excuse the surety from liability on the bond or rewrite the terms of that bond; it only gives the surety standing to appear, examine the account, and be heard on questions bearing on its own potential liability, such as whether the administrator properly discharged the estate's assets. Any actual liability the surety bears continues to be measured by the terms of the bond and the outcome of the accounting itself, not by the mere fact of having participated in it.
Why this rule benefits everyone involved
Letting the surety into the accounting proceeding early serves more than just the surety's own interest. Heirs and creditors benefit because a surety with money at stake has strong incentive to scrutinize the administrator's figures closely, which can surface errors or irregularities that might otherwise go unchallenged. Resolving the surety's concerns within the same accounting, rather than through a later separate suit on the bond, also avoids relitigating the same facts about the administrator's conduct twice, which conserves resources for the estate, the court, and the surety alike.
Related provisions
- Rule 85, Section 11 — Surety on bond may be party to accounting
- Rule 85, Section 9 — Examinations on oath with respect to account