GUARDIANS
AND DISPOSITION OF SMALL ESTATES



 



§551-21  Small estates; clerk of the court
to act when.  Whenever so requested as provided in section 560:5-403, the
court may appoint the clerk of the court of that circuit as conservator of the
protected person whose estate is of a value of less than $10,000 who shall
serve in such capacity, with the full powers of and under like obligations as
other conservators appointed under this chapter and chapter 560, except that
the clerk shall not be required to give any bond; nor shall the clerk be
entitled to any commission or compensation except for expenses necessarily and
actually incurred, nor shall the clerk or the protected person or the estate of
the protected person be liable for any court costs arising out of the
guardianship, except the actual cost of any advertising found necessary.  The
right of the clerk to act as the conservator shall not be affected by reason of
any increase of the estate to an amount in excess of $10,000 as the result of
any accumulations of income accruing from the original principal of the estate
or by the increase in value of the principal; provided that if the estate
reaches in value the sum of $16,250, a conservator shall then be appointed
under the preceding sections of this chapter or the court, in its discretion,
may allow the conservator appointed under this section to continue to act even
though the total assets exceed $16,250. [L 1927, c 168, §1; RL 1935, §4854; am
L 1939, c 119, §1; am L 1943, c 193, §2; RL 1945, §12504; am L 1947, c 96, §1;
RL 1955, §338-5; am L 1965, c 6, §1; HRS §551-21; am L 1976, c 200, pt of §1;
gen ch 1985; am L 1987, c 327, §1; am L 1998, c 44, §2; am L 2004, c 161, §17]



 



Rules of Court



 



  Small conservatorships, see HPR rule 112.