Detailed Answer: How next of kin can qualify to be appointed as estate administrator under Hawaii law

This FAQ explains, in plain language, the usual steps and legal requirements for a next of kin who wants to be appointed the estate administrator (personal representative) in Hawaii when someone dies without a valid will (intestate). This article uses a simple hypothetical to illustrate the process and links to the Hawaii statutes for further reading.

Quick hypothetical

Hypothetical: Jane Doe dies without a will in Honolulu, leaving a surviving spouse and two adult children. The family member who wants to manage the estate is Jane’s adult sister, who is acting as next of kin and wants to be appointed administrator.

What does “estate administrator” mean?

An estate administrator (often called a personal representative or administrator) is the person the probate court appoints to collect the deceased’s assets, pay valid debts and taxes, and distribute the remaining property to lawful heirs under Hawaii law.

Governing law

Hawaii’s probate rules are found in the Hawaii Revised Statutes, Chapter 560 (Probate Code). For the statutes and official language, see: Hawaii Revised Statutes, Chapter 560 (Probate Code).

Who has priority to be appointed?

When a person dies without a will, the court follows priorities established by the Probate Code to decide who may be appointed administrator. Those priorities typically favor close family members in this order (general summary—court may follow the code and local practice):

• Surviving spouse (often first priority);
• Children or descendants of the decedent;
• Parents of the decedent;
• Siblings of the decedent;
• More distant relatives (grandparents, aunts/uncles, cousins) or other persons entitled by law.

If the person claiming priority is available and willing, the court will usually appoint that person unless there is a legal reason to deny appointment.

Basic qualifications and common disqualifying factors

A next of kin who wants to be appointed must generally meet these qualifications:

• Be an adult (18 or older) and mentally competent to perform duties;
• Be willing to serve and manage estate duties faithfully;
• Not have a legal disqualification under statute or court rule (for example, some criminal convictions or conflicts of interest can bar appointment—check with the court or attorney for specifics).

Court discretion: even a person with priority can be denied if the court finds they are unfit, have a conflict that threatens estate administration, or if another qualified person is demonstrably more suitable. The probate judge decides based on the facts and statutory rules.

Typical steps to be appointed as administrator in Hawaii

1. Confirm there is no valid will. If there is a will that names an executor, that person usually has priority to serve.
2. Gather documents: certified death certificate, basic list of known assets and debts, identification, and information on heirs (names, addresses, relationships).
3. Check priority among potential administrators. If you are not the highest-priority heir, the person with higher priority will generally be appointed unless they decline or are disqualified.
4. File a petition for appointment of administrator with the appropriate Hawaii probate court (the island/circuit court where the decedent lived or owned property). The petition asks the court to open probate and appoint a personal representative.
5. Give required notices. Hawaii law requires notice to interested persons (heirs, known creditors) and may require publication for unknown creditors.
6. The court holds a hearing (if required). The judge reviews the petition, any objections, and qualifications of the proposed administrator.
7. If the court approves, it issues Letters of Administration (or Letters Testamentary if there were a will naming an executor). Those letters give the administrator authority to act on behalf of the estate.
8. Post bond if required. The court may require a surety bond to protect the estate; sometimes the will waives bond or the court permits reduced or no bond for close family members, but the court has discretion.

Practical documents to bring when you file

• Certified copy of the death certificate;
• Photo ID and contact information for the proposed administrator;
• List of heirs (names, addresses, relationships) and estimated values of assets (bank accounts, real property, vehicles, investments);
• Any existing estate planning documents found (wills, trusts, powers of attorney)—even if you believe there is no will, the court must be told if one exists;
• Forms required by the local probate court (petition forms, notices). Hawaii Judiciary self-help pages provide forms and local filing instructions: Hawaii State Judiciary.

What if someone objects to your appointment?

Any interested person (a higher-priority heir, a creditor, or another potential administrator) can object. The court resolves disputes based on the Probate Code priorities and the fitness of the proposed administrator. If an objection succeeds, the court may appoint another qualified person.

Small estates and simplified procedures

Hawaii offers simplified or small-estate procedures in certain situations that avoid full probate. If the estate qualifies, a close relative may be able to collect certain assets without formal administration. Check the Probate Code and local court rules or ask the court clerk whether the estate qualifies for a summary process.

Costs, time, and responsibilities

Serving as administrator carries duties and potential personal liability if you fail to follow court orders or properly manage the estate. Expect to:

• Inventory assets, pay valid debts and taxes, and make distributions according to intestacy rules;
• Keep accurate records and provide accountings to the court and heirs when required;
• Spend time communicating with heirs and creditors; hire professionals (attorneys, accountants, appraisers) when needed;
• Pay filing fees and possibly a bond premium (costs depend on estate size and bond requirements).

Example applied to the hypothetical

In the hypothetical, Jane’s spouse and children are higher-priority heirs than Jane’s sister. If the spouse or a child is willing and qualified, the court will usually appoint them instead of the sister. The sister could still petition, but she would likely need the higher-priority heirs to decline or be disqualified for the court to appoint her.

Where to look in the Hawaii statute

Review the Hawaii Revised Statutes, Chapter 560 (Probate Code) for detailed statutory rules governing appointment, qualification, bond, notice, and distribution. Chapter 560 provides the code the court applies when choosing and qualifying a personal representative: Hawaii Revised Statutes, Chapter 560.

Disclaimer

This information is educational only and is not legal advice. Laws change and each situation has facts that can affect how the law applies. For advice about a specific estate, contact a licensed Hawaii attorney or the probate clerk in the appropriate circuit court.

Helpful Hints

• Look for a will before filing. A valid will usually controls who is appointed.
• Ask the surviving spouse and adult children whether they will serve. If they decline in writing, their declination helps your petition.
• Contact the probate clerk’s office early to get local forms and filing fee information; procedures vary by circuit.
• Be organized: prepare a simple asset list and copies of documents before filing to speed the process and reduce creditor disputes.
• Consider whether small-estate or summary procedures apply—those can avoid full probate and expedite distributions to heirs.
• Keep clear records of all estate transactions and communications with heirs to avoid later disputes or court objections.
• When in doubt, consult a Hawaii probate attorney for help with filings, bond questions, or contested appointments.