§ 909. Executor refusing trust or not giving bond

A person named as an executor in a will who refuses to accept appointment or neglects for 20 days to give a bond shall not intermeddle or act as executor. If the person refuses to accept or neglects to give a bond, the Probate Division of the Superior Court may grant letters of administration to any other named executor who is capable and willing to accept the appointment and gives bond. If the other named executors fail to accept the appointment or give a bond, the court shall grant letters of administration with the will annexed to one or more suitable persons who would have qualified to be appointed as administrator had the testator died intestate.