Detailed Answer
When someone dies without a will in Hawaii (intestate), you must obtain letters of administration to appoint a personal representative. Under Hawaii law, intestate succession is governed by HRS §560:3-201 (link), and the court’s power to issue letters appears in HRS §560:3-301 (link).
Step 1: Determine Eligibility
Under HRS §560:2-602 (link), priority goes to the surviving spouse, then children, parents, and other heirs. Confirm you qualify before preparing forms.
Step 2: Prepare Required Forms
- AOC-PR-600: Petition for Letters of Administration
- AOC-PR-601: Notice of Hearing on Petition
- AOC-PR-602: Waiver and Consent of Heirs (if all agree)
- AOC-PR-603: Acceptance of Appointment and Oath
- AOC-PR-604: Letters of Administration (issued by court)
- AOC-PR-605: Inventory of Decedent’s Property
All probate forms are available on the Hawaii Judiciary website under “Forms” > “Probate”: https://www.courts.state.hi.us/forms/. Always verify you have the latest version.
Step 3: File Forms and Pay Fees
Submit the completed petition, original death certificate, and any required surety bond (per HRS §560:3-307, link) at the Circuit Court clerk’s office in the decedent’s county. Fees vary by circuit.
Step 4: Attend the Hearing
The court will set a hearing date. If there are no timely objections, the judge will grant the petition and issue letters of administration, giving you authority to manage and distribute estate assets.
Disclaimer
This information is provided for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Compile a full list of heirs and their contact details to streamline notices.
- Obtain the original death certificate; photocopies are not accepted.
- Check each circuit court’s fee schedule online before filing.
- Get a surety bond quote early if the court requires one.
- Track deadlines for creditor claims under HRS §560:3-302.