Short answer: Under Hawaii law, the probate court looks first to the decedent’s will (if any) and then to a statutory priority list of persons eligible to serve. The court also evaluates a nominee’s legal qualifications, fitness to serve, conflicts of interest, residence or agent requirements, bonding, and whether any statutory disqualification applies. This article explains the key factors the court considers and what they mean for people involved in an estate.

Disclaimer: This is general information, not legal advice. Consult a licensed Hawaii attorney for advice about a specific estate.

Detailed answer — how Hawaii courts decide who becomes an administrator (personal representative)

Hawaii’s probate process follows the rules in the state probate statutes and court procedures. When someone dies owning property that requires probate, the probate court issues documents (often called letters) that authorize one person or entity to administer the estate. The person who performs that role is commonly called a personal representative, administrator, or executor (if named in a will).

1. Will nomination takes priority

If the decedent left a valid will that names a person to serve as the personal representative, the court generally gives strong weight to that nomination. A named executor will normally be appointed unless the nominee is disqualified, refuses to serve, or the court finds cause to deny appointment.

See Hawaii probate law (Chapter 560 and related provisions) for statutory rules on appointment and priorities: Hawaii Revised Statutes, Chapter 560 (Probate).

2. Priority list when no willing or eligible nominee exists

When there is no valid nomination, the court follows a statutory priority list to choose an administrator. Common priorities include:

• Spouse;
• Other devisees or heirs (children, parents, siblings) in order of relationship;
• A person nominated by the majority of heirs or beneficiaries;
• A creditor or other interested person in limited circumstances;
• The public administrator or a court-appointed professional if no suitable private person is available.

Exact priority order and terminology are set out in Hawaii’s probate statutes and court rules. For more background and practical forms, see the Hawaii State Judiciary probate information: Hawaii State Judiciary — Probate & Estate Administration.

3. Legal qualifications and disqualifications

The court reviews whether a proposed administrator meets statutory qualifications. Typical considerations include:

• Age and capacity — a personal representative must be an adult of sound mind;
• Criminal history — certain convictions or conduct may disqualify or weigh against appointment;
• Conflict of interest — a person with a clear conflict (for example, somebody being sued by the estate or who seeks to divert estate assets for improper purposes) may be bypassed;
• Residency or appointment of a resident agent — some jurisdictions require nonresidents to maintain a local agent for service; the court may consider the practical effect of residence on administration;
• Ability and availability — the court will assess whether the person can commit the time and effort to carry out duties (gather assets, pay taxes and creditors, distribute property).

4. Bond and financial conditions

The court can require the administrator to post a bond (an insurance-backed guarantee) to protect the estate from mismanagement. The amount of bond and whether a waiver applies (for example, when beneficiaries unanimously agree to waive bond) factor into who the court will appoint. Some nominated executors can serve without bond if the will or law waives it and the court approves.

5. Interests of beneficiaries and creditors

The court focuses on protecting the estate’s assets for beneficiaries and creditors. If a proposed administrator’s appointment would unfairly prejudice beneficiaries or hinder creditor claims—for instance, by concealing assets—the court may refuse appointment or place restrictions on authority.

6. Professional administrators and institutions

When family members cannot serve or when the estate is large or complex, the court may appoint a bank, trust company, or licensed professional fiduciary. The court considers whether a professional is in the estate’s or beneficiaries’ best interest.

7. Objections and hearings

Interested persons (heirs, beneficiaries, creditors) can object to a proposed appointment. The court will schedule a hearing to consider evidence about fitness, qualifications, and any alleged disqualifications. The judge decides based on statutory standards and the estate’s needs.

8. Removal, substitution, and succession

After appointment, the court can remove a personal representative for misconduct, incapacity, neglect, or failure to perform duties. If the administrator dies, resigns, or is removed, the court appoints a successor using the same principles.

Key statutory sources and practical resources

Hawaii’s probate rules and statutes govern these issues. For statutory language and detailed provisions, consult Hawaii Revised Statutes, Chapter 560 (probate code), available from the Hawaii State Legislature:

• Hawaii Revised Statutes — Chapter 560 (Probate)
• Hawaii State Judiciary — Probate & Estate Administration (forms and self-help information)

Helpful Hints — practical steps if you are involved in an appointment

• Locate the will early. If a will nominates an executor, provide a certified copy to the clerk to speed appointment.
• Talk to other heirs/beneficiaries. Many probate disputes can be avoided if interested persons agree on an administrator and whether bond is required.
• Consider whether a professional fiduciary or bank will be better for complex estates or family conflict.
• If you want to be appointed, be prepared to explain your qualifications, availability, and plan for bond or supervision.
• If you object to an appointment, file a timely written objection with the probate clerk and be ready to present evidence at a hearing.
• Keep records. Administrators must account for receipts, expenses, and distributions; good records protect both the administrator and the beneficiaries.
• Get local legal help. Probate procedures and forms are technical; a Hawaii probate attorney can explain timelines, filing requirements, and the likely outcome in your county.

For step-by-step guidance and court forms, visit the Hawaii State Judiciary probate page: https://www.courts.state.hi.us/self-help/probate.