Detailed Answer

This section explains how Hawaii courts treat the requirement that a personal representative (an administrator when there is no will) post a bond. It is written for readers without legal background and uses plain language.

When a person dies without a will (intestate), the probate court appoints an administrator to collect assets, pay debts, and distribute what remains to the heirs. Courts commonly require that an administrator post a surety bond. A bond protects the estate and its beneficiaries if the administrator mishandles funds or duties.

In Hawaii, the probate statutes and court rules give the court authority to require a bond and to set its amount. The court also has the authority to accept a waiver of bond signed by interested parties. In practice this means:

• The default rule: the court will typically require a bond for an administrator unless the law or the court orders otherwise.
• Waiver by consent: all persons who are entitled to receive notice in the probate (the heirs and other interested persons) can sign a written waiver of bond and file it with the court. If the court accepts that waiver, the administrator may serve without posting a bond.
• Court discretion: even with unanimous waivers, the court retains discretion to require a bond if the judge believes a bond is necessary to protect creditors or heirs, or if the estate has unusual risks (e.g., significant debts, missing assets, disputes, minors or incapacitated beneficiaries).

There are practical consequences to waiving a bond. If heirs formally waive bond, the administrator can be personally liable for mismanagement because there is no surety company standing behind the administrator. That means beneficiaries can sue the administrator personally for losses. For that reason, beneficiaries should only waive bond after they understand the risks and trust the person proposed to serve.

How to make a waiver effective in Hawaii:

1. Obtain a written waiver form signed by all interested persons (heirs and other persons entitled to notice). The Hawaii probate court clerk can advise what form is acceptable.
2. File the waiver with the probate court when asking the judge to appoint the administrator without bond.
3. Be prepared: the judge may still require a bond or impose conditions. If the court wants protection but the heirs don’t want a commercial surety, the court sometimes allows alternative security (e.g., restricting the administrator’s authority to sell assets, requiring receipts, or ordering periodic accounting).

For smaller or simple estates, Hawaii provides streamlined procedures (small estate or summary administration) that may avoid formal administration and bond requirements. Check the Hawaii Judiciary self-help probate pages to see if your situation qualifies.

Primary sources and further reading: Hawaii Revised Statutes (probate provisions) and the Hawaii Judiciary probate pages. See Hawaii Revised Statutes, Chapter 560 (Probate of Estates): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0589/HRS0560/, and the Hawaii Judiciary probate information: https://www.courts.state.hi.us/self-help/probate.

Hypothetical example

Three adult siblings are the only heirs. They all trust one sibling to manage the estate. Each signs a written waiver of bond, files it with the probate court, and the court appoints their sibling as administrator without requiring a bond. Later, a missing account is discovered. Because there was no bond, the estate cannot recover from a surety company; the heirs must rely on the administrator’s personal assets or bring a lawsuit for breach of fiduciary duty.

Helpful Hints

• Do not rely on an oral agreement. Get a written, signed waiver and file it with the court.
• Before waiving bond, ask the proposed administrator for an inventory of known assets and a plan for handling liabilities. Consider whether restrictive court orders or periodic accountings would reduce risk.
• Ask the probate clerk which form of waiver the court accepts and whether your estate might fit a small-estate procedure that avoids formal administration.
• If any heir or creditor objects, the court may require a bond. One dissenting heir can prevent a waiver-based appointment without bond unless the judge finds another basis to dispense with the bond.
• Bond amounts are usually set to cover the estate’s probable value and risk. A commercial surety bond is purchased from a bonding company; costs depend on the bond amount and the principal’s creditworthiness.
• Even when beneficiaries waive bond, consider buying a fidelity policy or other protections for the estate if possible.
• When in doubt, consult a probate attorney or the probate clerk. Courts can explain local practice and filing requirements.