Hawaii Administrator & Executor Bond
Probate Bonds From $100 – Set by the Court
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A Hawaii executor bond or Hawaii administrator bond — together known as a probate bond or personal representative bond — is required in certain Hawaii estates before letters issue. Hawaii follows the Uniform Probate Code: under HRS § 560:3-603, no bond is required in informal probate unless the will expressly requires it, a special administrator is appointed on an interested person's request, or someone with more than $10,000 at stake demands one — and the Circuit Court may order bond in formal proceedings. Premiums start at $100 and are paid from estate funds.
Hawaii Probate Bond Pricing
Premiums are a small percentage of the required bond amount and are paid from estate funds. Sample pricing for qualified applicants:
| Bond Amount | Premium |
|---|---|
| $10,000 | $100 |
| $25,000 | $135 |
| $50,000 | $260 |
| $100,000 | $460 |
| $200,000 | $860 |
| $500,000 | $1,610 |
Executor, Administrator, or Trustee — Which Hawaii Probate Bond You Need
All three cover a fiduciary who manages estate or trust assets. Hawaii uses UPC terminology — “personal representative” for executors and administrators — with probate filed in the Circuit Court of the circuit where the decedent resided, under the Hawaii Probate Rules. Which bond applies depends on how you were appointed:
| Bond Type | When It Applies |
|---|---|
| Administrator Bond | A Hawaii administrator bond covers a personal representative appointed when there is no will, or the named executor cannot serve. In informal probate no bond is required by default — but any heir or creditor with more than $10,000 at stake can demand one under § 560:3-605, and in formal proceedings the court may require bond unless it finds bond unnecessary. This is the most common Hawaii probate bond. |
| Executor Bond | A Hawaii executor bond covers a personal representative named in a will. Bond arises only when the will expressly requires it, a demand is filed, or the court orders it in formal proceedings — and where the will relieves the representative, the court honors that unless circumstances call for protection. When required, the surety may review the will to understand the estate's complexity. |
| Trustee Bond | Required when a will establishes a trust for a beneficiary and the court requires the trustee to post security before managing trust assets. The surety reviews the trust to assess the trustee's responsibilities. |
When Do Hawaii Courts Require a Bond?
Probate in Hawaii is governed by the Uniform Probate Code, HRS chapter 560, practiced under the Hawaii Probate Rules, and filed in the Circuit Court — through its Legal Documents Branch — of the judicial circuit where the decedent resided. Hawaii has four circuits: the First (Oahu), Second (Maui County), Third (Hawaii Island), and Fifth (Kauai). Estates open as informal probate before the registrar or formal probate before a judge, and under § 560:3-603 informal appointments carry no bond unless the will requires it, a special administrator serves on request, or a demand is filed.
Hawaii raised its demand threshold well above the standard UPC figure: under § 560:3-605, any person with an apparent interest — or creditor with a claim — exceeding $10,000 may make a written demand for bond. After notice, the representative may act only to preserve the estate until the bond is posted, and failure to file within 30 days is cause for removal. Representatives who have deposited cash or collateral with a state agency are exempt. If the representative causes a loss, valid claims are paid from the bond, and the representative must reimburse the surety. The bond protects the estate, not the representative.
How Your Bond Amount Is Set — and How to Reduce It
Hawaii uses the UPC's sworn-statement approach: under § 560:3-604, the personal representative files a sworn statement of the value of the personal estate plus one year's expected income from personal and real property — and the bond must be not less than that estimate, executed by a corporate surety or adequately secured individual sureties.
The registrar may reduce the amount by estate assets deposited with a domestic financial institution restricted against unauthorized withdrawal, and on petition the court may excuse the requirement, increase or reduce the amount, release sureties, or permit substitution. Small estates sidestep it entirely — collection by affidavit and clerk-administered small estates cover estates of $100,000 or less.
Hawaii’s Four Judicial Circuits
Hawaii has no county probate courts — probate belongs to the Circuit Court of the circuit where the decedent resided: the First Circuit (Oahu — City and County of Honolulu), Second Circuit (Maui County, including Molokai and Lanai — and Kalawao County falls here too), Third Circuit (Hawaii Island), and Fifth Circuit (Kauai and Niihau). There is no Fourth Circuit — it merged into the Fifth in 1943. Filings go through each circuit's Legal Documents Branch; the directory below lists all four with website, phone, and mailing address.
How To Get Your Hawaii Probate Bond
- Get appointed and confirm whether bond is required. Determine under § 560:3-603 whether the will, a demand, or formal proceedings require bond. If so, your amount comes from your sworn estimate of the personal estate plus one year's expected income under § 560:3-604.
- Request your quote. Apply online or call with your court documentation. For most standard estates we can quote from the bond amount alone; larger or more complex estates may involve a review of the will and the applicant's credit.
- Complete the short application. Provide the personal representative's information and the estate details.
- File your bond and receive your letters. We execute the bond with the surety's Power of Attorney attached so you can file it with the circuit court's Legal Documents Branch. The court then issues your letters testamentary or letters of administration, and you can begin settling the estate.
Bond Details at a Glance
- Bond Name: Hawaii Executor Bond / Hawaii Administrator Bond (Personal Representative Bond)
- Also Known As: Probate bond, fiduciary bond, estate bond
- Bond Amount: Not less than the sworn estimate of the personal estate plus one year's expected income from personal and real property; reducible by restricted deposits (HRS § 560:3-604)
- Starting Premium: $100 for a $10,000 bond; paid from estate funds
- Obligee: Filed with the Circuit Court, conditioned on faithful discharge of the representative's duties
- Governing Law: HRS § 560:3-603 (when bond is required), § 560:3-604 (amount, security, reduction), § 560:3-605 (demand by $10,000+ interested persons or creditors); Hawaii Probate Rules
- Waiver: No bond in informal probate by default; will's waiver honored in formal proceedings unless the court finds bond necessary; state-agency deposits exempt; small estates to $100,000 avoid administration
- Court: Circuit Court in each of Hawaii's four judicial circuits (First/Oahu, Second/Maui, Third/Hawaii Island, Fifth/Kauai), via the Legal Documents Branch
- Attorney Required: No
Frequently Asked Questions
What is a Hawaii administrator or executor bond?
A probate bond required under HRS § 560:3-603 before certain personal representatives can receive letters. It guarantees faithful discharge of fiduciary duties and protects the estate's heirs, devisees, and creditors.
Can the bond be waived?
Usually it never arises: informal probates carry no bond unless the will requires it, a special administrator serves on request, or a demand is filed. In formal proceedings the court may require bond unless the will relieves the representative or the court finds bond unnecessary.
Do administrators need a bond in Hawaii?
Only when triggered — but any heir or creditor with more than $10,000 at stake can trigger it by written demand, with 30 days to comply or face removal, and courts may order bond in formal proceedings.
How much does a Hawaii probate bond cost?
Premiums start at $100 for a $10,000 bond and scale with the bond amount — $135 at $25,000, $260 at $50,000, $460 at $100,000, and up. The premium is paid from estate funds.
How is the bond amount determined?
You file a sworn statement of the personal estate's value plus one year's expected income from personal and real property, and the bond must be at least that amount (§ 560:3-604).
Can the amount be reduced?
Yes. The registrar may reduce the bond by the value of estate assets deposited with a financial institution restricted against unauthorized withdrawal, and the court may otherwise reduce, excuse, or permit substitution on petition. Estates of $100,000 or less may skip administration entirely.
Which Hawaii court handles probate?
The Circuit Court of the circuit where the decedent resided — First (Oahu), Second (Maui County), Third (Hawaii Island), or Fifth (Kauai) — through the court's Legal Documents Branch. There is no Fourth Circuit.
What happens if a claim is filed against the bond?
The surety pays valid claims — from mismanagement, fraud, or failure to follow the will or Hawaii law — up to the bond amount, and the personal representative must reimburse the surety in full. The bond protects the estate, not the representative.
Hawaii Circuit Court Directory
Probate in Hawaii is filed in the Circuit Court of the judicial circuit where the decedent resided. Find your circuit below for the court's website, phone number, and mailing address.
| Circuit | Court | Phone | Mailing Address |
|---|---|---|---|
| First Circuit (Honolulu) | Circuit Court | (808) 539-4300 | Kaahumanu Hale, 777 Punchbowl Street, Honolulu, HI 96813-5093 |
| Second Circuit (Maui County) | Circuit Court | (808) 244-2969 | Hoapili Hale, 2145 Main Street, Suite 106, Wailuku, HI 96793-1679 |
| Third Circuit (Hawaii County) | Circuit Court | (808) 961-7400 | Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212 |
| Fifth Circuit (Kauai County) | Circuit Court | (808) 482-2330 | Puuhonua Kaulike, 3970 Kaana Street, Lihue, HI 96766 |