Detailed Answer
If your mother died without a will and you live in Hawaii, her estate will pass according to Hawaii’s intestate succession rules. Intestate succession means state law (not a will) decides who inherits. The basic steps to claim your share are: identify heirs, locate and value assets, protect the estate, and use the probate or small‑estate process the Hawaii courts require.
Who inherits under Hawaii law?
Hawaii’s laws set an order for heirs (commonly: surviving spouse, children, grandchildren, parents, siblings, and more distant relatives). Where a surviving spouse and descendants exist, the law compares whether the descendants are shared with the spouse. The exact distribution depends on which relatives survive.
For the statutory language and detailed rules on who inherits and in what order, see Hawaii’s intestate succession statutes: Hawaii Revised Statutes, Chapter 560 (Intestate Succession).
Practical steps to claim your share
- Get certified death certificates. You will need several copies for banks, title companies, and the probate court.
- Look for a will and other estate planning documents. Confirm there truly is no will (check safe deposit boxes, the deceased’s papers, email, attorney files).
- Locate assets and debts. Make a list of bank accounts, real property, vehicles, retirement accounts, life insurance, safe deposit boxes, and outstanding bills.
- Determine who the heirs are. Using the intestacy rules (see the statute above), figure out whether you are an heir and who else may be entitled to inherit.
- Decide how to proceed with the estate:
- File a probate case in the appropriate Hawaii circuit court to be appointed administrator (also called personal representative) if the estate is substantial or includes real property.
- Consider small‑estate procedures if the estate is limited to a small amount of personal property and the statutes allow collection outside of full probate. (The Hawaii courts provide guidance and required forms.)
- Open probate or use the small‑estate procedure. To open probate, file a petition with the circuit court in the county where the decedent lived. The court will appoint an administrator who can collect assets, pay valid debts, and distribute the remainder to heirs according to statute.
- Provide notice and handle creditors. The administrator must notify known creditors and often must publish notice so unknown creditors can make claims. Valid debts are paid before distributions.
- Gather and provide documentation when asked. Typical documents the court and institutions require include the death certificate, proof of your identity and relationship (birth certificates, marriage certificates), the petition for probate or small‑estate affidavit, and asset documentation (account statements, deeds, titles).
Where to file and what forms to use
Probate in Hawaii is handled by the circuit courts. Each county has its own circuit court. The Hawaii State Judiciary maintains self‑help information and estate forms you can download and review before filing: Hawaii State Judiciary — Estate Documents & Probate Self‑Help.
When you may not need full probate
Some small or purely nonprobate assets (for example, accounts or policies with named beneficiaries or assets with joint owners) may pass outside probate. Hawaii also provides streamlined procedures for modest estates; check the Judiciary’s self‑help pages or ask the clerk about small‑estate affidavits and summary procedures.
Common timing and costs
Probate time varies by complexity. Simple estates can wrap up in a few months; contested or asset‑heavy estates may take a year or longer. Costs include court filing fees, possible attorney fees, and costs for notices and appraisals. The administrator may be entitled to a statutory fee or may be paid from the estate.
When to get an attorney
Consider hiring a probate or estate attorney if:
- Heirs dispute who inherits or the amount each should receive;
- The estate includes real estate in more than one state;
- There are complex assets (business interests, retirement accounts, tax concerns); or
- Creditors, creditors’ claims, or potential litigation are likely.
An attorney can prepare and file probate petitions, represent you at hearings, and help interpret the intestacy rules in HRS Chapter 560: HRS Chapter 560.
If someone else is already administering the estate
If a family member or other party has been appointed administrator, they are the person authorized to collect assets and distribute them. You can request an accounting from the administrator and, if you think they are mismanaging the estate, raise the issue with the probate court.
Key documents to gather
- Certified death certificate(s)
- Identification (your photo ID)
- Evidence of relationship (birth certificate, family records)
- Bank and investment statements
- Deeds and vehicle titles
- Insurance policies and retirement account beneficiary designations
- Any correspondence about debts or unpaid bills
Useful links
- Hawaii Revised Statutes, Chapter 560 (Intestate Succession): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0583/HRS0560/
- Hawaii State Judiciary — Estate documents and probate self‑help: https://www.courts.state.hi.us/self-help/estate_documents
Bottom line: Start by getting death certificates, locating assets, and determining heirs under Hawaii law. If the estate is small or assets are payable directly to named beneficiaries or joint owners, you may avoid full probate. Otherwise, file for probate in the appropriate Hawaii circuit court or ask the court about small‑estate procedures. Because probate and intestacy can be complex, consider consulting a probate lawyer if more than a simple transfer is needed.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed attorney in Hawaii.
Helpful Hints
- Get multiple certified death certificates early — banks and government agencies often require originals.
- Check beneficiary designations on retirement accounts and insurance before starting probate; those pass outside probate if a valid beneficiary is named.
- Ask the probate court clerk for the county forms checklist — it will save time and reduce filing errors.
- Keep detailed records of communications and receipts if you act as the estate’s administrator.
- Before agreeing to distribute assets, confirm whether known creditors exist and whether the estate has enough liquidity to pay them.
- If family members disagree, consider mediation before costly litigation; the court can also appoint an administrator to manage disputes while assets are protected.
- When in doubt, consult a Hawaii probate attorney for an initial consultation — many firms offer a short, fixed‑fee meeting to review documents and explain options.