Updated September 7, 2026. Quick answer: In New Hampshire, new Hampshire requires bond by default for anyone administering a decedent’s estate; ‘no person shall administer the estate…until such person has given bond…with sufficient sureties’; though a small-estate carve-out allows a personal bond without sureties when the estate’s gross value is $25,000 or less, and RSA 553:32 provides a broader ‘waiver of administration’ procedure.
New Hampshire executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions. New Hampshire has no waiver by will; the waiver line is the judge’s discretion over security.
- When a bond is required. N.H. RSA 553:13: “Except as provided in RSA 553:32, no person shall administer the estate of a person deceased until such person has given bond to the judge, with sufficient sureties, in such reasonable sum as the judge shall approve, or, in lieu of a bond, other forms of security acceptable to the judge…”
- Waiver. N.H. RSA 553:13: “…or other forms of security may be waived…”
- Amount. N.H. RSA 553:13: “Except as provided in RSA 553:32, no person shall administer the estate of a person deceased until such person has given bond to the judge, with sufficient sureties, in such reasonable sum as the judge shall approve, or, in lieu of a bond, other forms of security acceptable to the judge…”
- Surety and cost. N.H. RSA 565:2: “Any corporation established by the laws of this state, or authorized to transact business therein, and authorized thereto by its charter, may be accepted by the judge as sufficient surety if he is satisfied with the ability of the corporation as such surety.”
For the rest of the process and its fees, see New Hampshire probate cost.
Does New Hampshire require an executor to post a bond?
New Hampshire requires bond by default for anyone administering a decedent’s estate; ‘no person shall administer the estate…until such person has given bond…with sufficient sureties’; though a small-estate carve-out allows a personal bond without sureties when the estate’s gross value is $25,000 or less, and RSA 553:32 provides a broader ‘waiver of administration’ procedure.
“no person shall administer the estate of a person deceased until such person has given bond to the judge, with sufficient sureties, in such reasonable sum as the judge shall approve”
Can the will waive it in New Hampshire?
Sometimes. Under RSA 553:32 there is no requirement for a bond when the decedent dies testate and an individual named in the will as sole beneficiary is appointed administrator, when all individuals named in the will as beneficiaries are appointed co-administrators or an appropriate person is appointed with the assent of all of them, or when a trust is named in the will as the sole beneficiary and an appropriate person is appointed administrator with the assent of all the trustees. The court may also dispense with bond where it determines that is appropriate under the circumstances.
Can the heirs or beneficiaries waive it in New Hampshire?
Sometimes. Under RSA 553:32, there is no requirement for an inventory, a bond or an accounting when a decedent dies intestate and an individual is the sole heir and is appointed administrator, or all heirs serve as co-administrators or any appropriate person is appointed administrator with the assent of all heirs, or when the court determines in its discretion that it is appropriate.
If a bond is required, how much?
“in such reasonable sum as the judge shall approve”
Source: N.H. Rev. Stat. Ann. § 553:13
What makes New Hampshire different
New Hampshire is notable for having an explicit sole-beneficiary-equals-administrator waiver rule (RSA 553:32) layered on top of a general default-bond-required rule and a dollar-threshold carve-out for small estates.
| Bond-requirement source | N.H. Rev. Stat. Ann. §§ 553:13, 553:32 |
| New Hampshire courts (general reference) | New Hampshire judicial branch |
| New Hampshire Secretary of State / legislature | New Hampshire state government |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in New Hampshire.
Related: how long you have to contest a will in New Hampshire.