Short answer

If a person dies without a will (intestate) and you want to manage their estate, you can petition the Hawaii circuit court to be appointed the personal representative (often called an administrator). The court will follow Hawaii’s rules about who has priority to serve, will require you to file paperwork and give notice to heirs and creditors, and will supervise asset collection, debt payment, and distribution under Hawaii intestacy law. This article explains the usual steps, who has priority, what paperwork is required, and when to consult an attorney.

Detailed answer — step-by-step under Hawaii law

1. Confirm whether probate/administration is required

Not every asset must go through probate. Assets titled jointly, assets with designated beneficiaries (life insurance, retirement accounts), and small-transfer procedures may avoid probate. If most important assets are in the deceased’s sole name and exceed any small-estate threshold, a formal probate administration is usually required.

2. Identify who has priority to serve as personal representative

Hawaii law gives priority to certain relatives and persons when appointing a personal representative. Generally, the order favors the surviving spouse, then children, then parents, then siblings, and then more distant relatives or creditors who qualify. If no higher-priority person is willing or qualified, an adult sibling can be appointed. You can find Hawaii’s rules on intestate succession and appointment procedures in the Hawaii Revised Statutes; see the chapter on intestacy and probate for details: HRS Chapter 560 (Intestate succession and related probate provisions).

3. Prepare and file the petition for appointment

To start probate you (or someone else) must file a petition with the circuit court in the county where the decedent lived. Typical required items include:

• Certified copy of the death certificate;
• Petition for appointment of personal representative (forms vary by county and court);
• A list of the decedent’s heirs and their addresses (as known);
• Estimated inventory of assets and liabilities;
• Payment of filing fees or an application for fee waiver if eligible.

Hawaii court self-help pages explain local forms and filing procedures: Hawaii State Judiciary – Probate information.

4. Provide notice and allow time for objections

After filing, the court will require notice to known heirs and may require publication or other notice to creditors. Interested persons can object to your appointment (for example, if someone of higher priority objects or raises concerns). If there is no timely objection, the court typically moves forward and issues letters of administration.

5. Receive letters and begin administration

If the court appoints you, it will issue letters testamentary/administration or other documentation that proves your authority to act on behalf of the estate. With those letters you can:

• Collect and secure estate assets;
• Open an estate bank account;
• Provide notice to creditors and pay valid debts and expenses;
• Prepare an inventory and any required accountings;
• Distribute remaining assets to heirs according to Hawaii’s intestacy rules.

6. Close the estate

When administration is complete — debts and taxes paid, assets distributed, and any required filings made — you present a final accounting (if required) and petition the court to close the estate. Once the court approves, your personal representative duties end.

7. What if someone contests your appointment?

Contests can arise over priority, fitness to act (e.g., concerns about mental capacity or conflicts of interest), or allegations of misconduct. The court will set a hearing. If you anticipate objections, consider consulting a lawyer early. The court can remove and replace a personal representative for cause.

Relevant Hawaii law and resources

Key sources to review while preparing include:

• Hawaii Revised Statutes on intestate succession and probate (see HRS Chapter 560): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/
• Hawaii State Judiciary probate information and local court forms: https://www.courts.state.hi.us/self-help/probate

If you need the exact statute for a specific rule (for example, detailed priority of appointment or the small‑estate affidavit threshold), check the HRS chapter above or ask the clerk at the circuit court where the decedent lived.

Helpful hints

• Gather documents first: death certificate, bank statements, deeds, account beneficiary designations, and lists of bills and creditors.
• Check title and beneficiary designations — many assets pass outside probate.
• Contact the county circuit court clerk’s office to get the correct petition form and fee schedule for the county where the decedent lived.
• Notify heirs and known creditors promptly and follow the court’s required notice procedures to avoid personal liability for missed claims.
• Keep detailed records and receipts for estate expenses — you’ll need them for accounting and to get reimbursed from estate funds.
• If the estate is small, ask the clerk about simplified/small-estate procedures that can shorten the process and reduce cost.
• If another family member with higher priority seeks appointment, consider whether reaching an agreement (e.g., informal transfer or family agreement) could avoid contested litigation.
• When in doubt about complex issues — taxes, real property, creditor disputes, or possible impropriety — consult an attorney experienced in Hawaii probate to protect your interests and comply with court rules.