Becoming the Administrator of an Intestate Estate in Hawaii: Step-by-Step FAQ

Disclaimer: This information is educational only and is not legal advice. Laws change and every case differs. Consult a licensed Hawaii attorney for advice about your situation.

Detailed Answer — How to get appointed administrator of your dad’s estate in Hawaii

If your father died without a valid will (died intestate) in Hawaii, the probate court can appoint an administrator to collect assets, pay debts, and distribute property according to Hawaii law. The probate process in Hawaii is handled by the Circuit Court in the county where the decedent lived. The primary state statute framework for probate and intestacy is in the Hawaii Revised Statutes, Chapter 560: HRS Chapter 560. For practical forms and local procedures, the Hawaii State Judiciary provides self-help pages: Probate and Estate Matters (Hawaii Judiciary).

Who has priority to be appointed?

Hawaii law gives priority to certain relatives when appointing an administrator. Typically the surviving spouse has first priority, followed by adult children, parents, siblings, and other next of kin. Courts prefer to appoint a person who is a close family member and who can serve responsibly. If multiple equally-prioritized people seek appointment, the court decides based on what it considers best for the estate and heirs.

Step-by-step: How to get appointed

Confirm intestacy. Make sure there is no valid will. If a will exists, it generally controls appointment and distribution.
Identify the proper court. File in the Circuit Court where your father lived. See the Judiciary probate pages for local filing info: Probate Forms and Filing Information.
Gather documents. Obtain the certified death certificate and collect basic information: list of heirs, known assets, account numbers, titles, and creditor information. Prepare a proposed inventory of estate property.
Prepare and file a Petition for Letters of Administration. The petition asks the court to appoint you as administrator (also called personal representative). The petition must name the decedent, state that no will exists, list heirs, describe estate assets, and request authority to administer the estate. Use the court’s probate forms when available.
Provide notice. Hawaii law requires notice to interested persons (heirs, creditors in some cases). The court will provide instructions on who must be notified and how. Proper notice gives heirs the opportunity to object.
Bond and qualifications. The court may require you to post a fiduciary bond to protect the estate against mismanagement. Heirs can sometimes waive the bond in writing if they agree. The court will also confirm you meet statutory qualifications to serve.
Hearings and issuance of letters. If there are no valid objections, the court will enter an order appointing you and issue Letters of Administration (official paperwork proving your authority). With those letters you can access accounts, transfer property, and communicate with institutions on behalf of the estate.

Common timeframes and practical expectations

Initial appointment often takes weeks to a few months depending on court backlog, whether notice periods expire, and if any heirs contest the appointment. Collecting assets, paying claims, and distributing property can take several months to over a year depending on complexity.

Small estates and alternatives

If the total estate value is small, Hawaii provides simplified procedures that can avoid full probate. The Hawaii Judiciary explains small estate options and affidavit procedures here: Small Estates (Hawaii Judiciary). Using a small-estate affidavit or summary procedure can allow heirs to collect bank accounts or personal property without formal administration.

Administrator duties and legal responsibilities

Locate and secure assets.
Provide notice to heirs and creditors and publish notice if required.
Collect debts owed to the estate and pay valid estate debts and taxes.
Prepare inventories and accounting for the court.
Distribute remaining property according to Hawaii’s intestacy rules (see HRS Chapter 560).
File a final account and petition for discharge when administration is complete.

What if someone contests your appointment?

Any interested person can contest the appointment or object to bond, venue, or qualifications. The court will schedule a hearing. Contested matters can delay administration and may require legal representation. If another person has higher priority, the court may appoint that person instead.

When to consider hiring an attorney

You do not always need an attorney for straightforward, uncontested estates. But hire a licensed Hawaii attorney if:

Heirs disagree about who should be administrator.
The estate has complex assets (businesses, real property in multiple jurisdictions, large debts, or tax issues).
You face creditor claims, potential litigation, or other disputes.

Key Hawaii resources and statutes

Hawaii Revised Statutes, Chapter 560 (Probate): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/
Hawaii State Judiciary — Probate & Estate Matters (forms and guidance): https://www.courts.state.hi.us/self-help/probate_and_estate_matters
Hawaii Judiciary — Death Without a Will (intestate procedures): https://www.courts.state.hi.us/self-help/probate_and_estate_matters/death_without_a_will
Hawaii Judiciary — Small Estates: https://www.courts.state.hi.us/self-help/probate_and_estate_matters/small_estates

Helpful Hints

Get multiple certified copies of the death certificate early. Banks and agencies commonly require one for each account.
Make a simple asset list before filing: bank accounts, retirement accounts, life insurance, real property, vehicles, and digital accounts.
Talk to family members about who will serve. A voluntary agreement in writing from heirs can simplify or waive certain court requirements (like bond).
Check for beneficiary-designated accounts (life insurance, retirement) — those pass outside probate to named beneficiaries.
Use the Hawaii Judiciary’s probate forms to prepare your petition. Courts often require local form formats and specific language.
If you’re appointed, keep detailed records and receipts. You must account to the court for all estate transactions.
Ask the court clerk where to file and what notices are required. Clerks can guide you on procedure but cannot give legal advice.

If you want, I can outline a sample checklist of documents and a sample timeline tailored to a simple estate. I can also point you to likely forms to start a petition in your county’s Circuit Court.