Detailed Answer
This explains the typical steps someone follows in Hawaii to be appointed by the probate court as the person who manages a deceased person’s estate (an administrator or co-administrator). This is a general guide to the process under Hawaii law; it is educational only and not legal advice.
1. Confirm whether probate is required
First, determine whether the decedent’s assets must go through probate. Some small assets, assets held jointly, assets passing by beneficiary designation, or trusts may avoid probate. If probate is needed, you will start a formal administration case in the circuit court where the decedent was domiciled.
2. Identify who has priority to be appointed
Hawaii follows statutory priority rules for appointing a personal representative when the decedent did not name an executor in a valid will or when there is no will. Priority typically favors the surviving spouse, then adult children, then other relatives. If multiple people of equal priority seek appointment, the court may appoint co-administrators. See the Hawaii Probate Code (HRS Chapter 560) for the statutory priority rules and related provisions: HRS Chapter 560.
3. Prepare and file the petition
File a petition with the probate clerk in the circuit court of the county where the decedent lived. The petition requests that the court appoint you (or you and others) as administrator or co-administrators. Typical attachments include the certified death certificate, a copy of any will (if one exists), a list of known heirs and beneficiaries, and an inventory or an estimate of assets known at filing.
4. Provide notice and serve interested persons
After you file, the court will require notice to heirs, beneficiaries, and certain creditors. Hawaii statutes set the notice and publication requirements and timelines for creditor claims—follow the court’s instructions exactly. Proper service and publication protect the appointment and limit later claims against the estate.
5. Bond and qualifications
The court may require a fiduciary bond to protect creditors and beneficiaries unless the will waives bond or all interested parties agree to waive it. The court will also verify that proposed fiduciaries are qualified (typically adults of sound mind who have not been convicted of disqualifying crimes). Refer to HRS Chapter 560 for bond and qualification rules: HRS Chapter 560.
6. Court hearing and issuance of letters
If the petition is uncontested and paperwork is in order, the court will appoint the administrator(s) and issue letters (Letters of Administration or Letters Testamentary) that give legal authority to act for the estate. If there is a contest over appointment or the will’s validity, the court will schedule a hearing to resolve the dispute.
7. Duties after appointment
Once appointed, the administrator must perform fiduciary duties: locate and secure assets, prepare an inventory, give creditor notice, pay valid debts and taxes, manage estate property prudently, and distribute assets to heirs or beneficiaries according to the will or intestacy rules. The administrator must keep records and may need to file periodic accountings with the court.
8. Closing the estate
After the estate’s debts, taxes, and expenses are paid and distributions are ready, the administrator petitions the court for final settlement and discharge. The court must approve the accounting and distributions before closing the probate case and discharging the administrator.
Notes about co-administrators
Co-administrators may be appointed by agreement of persons with priority or by the court where fairness or workload distribution makes sense. Co-administrators share authority and responsibilities; courts may limit co-administrators’ actions or require joint action for certain decisions. The court can remove or replace an administrator for cause.
For the statute text and more details on appointment, notice, bond, and fiduciary duties, see Hawaii Revised Statutes Chapter 560: https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0588/HRS0560/.
Helpful Hints
- Check for a valid will immediately. The will often names an executor and simplifies appointment.
- Contact the probate clerk in the circuit court where the decedent lived to get local forms and filing requirements. The Hawaii State Judiciary website is a good starting point: Hawaii State Judiciary.
- Gather key documents before filing: certified death certificate, originals of any will, bank statements, property deeds, vehicle titles, insurance policies, and a list of likely heirs.
- Talk to potential co-administrators and heirs before filing to reduce conflict. If multiple people share priority, consider filing a joint petition.
- Be prepared to post bond if required. A bond protects the estate against mismanagement.
- Preserve estate assets and secure property right away—change locks, notify banks, and contact insurers when appropriate.
- Keep meticulous records of all receipts, disbursements, and communications. The court and beneficiaries will expect an accounting.
- Consider consulting a probate attorney early—complex estates, disputes, significant taxes, or unfamiliar procedures make legal help valuable.
- If the estate is small, ask the court clerk whether a simplified or summary process applies under Hawaii law.