Detailed Answer: How appointment works when the named executor refuses

If a parent’s will names a particular person to serve as the estate’s executor (often called a personal representative) and that person refuses or is otherwise unable to serve, Hawaii probate law provides a clear process to put a different person in charge so the estate can be administered. The governing statutes are found in the Hawaii Revised Statutes, Chapter 560 (Probate). For an overview from the state courts, see the Judiciary’s probate information page: Hawaii Judiciary – Probate and Guardianship. For the statutory text, see Hawaii Revised Statutes, Chapter 560.

Key points in plain language

If the person named in the will (the nominated executor) signs a written renunciation or otherwise declines, the court will not appoint that person.
If the will names an alternate executor, the court generally appoints that alternate.
If no alternate is named, or the named alternates also refuse or are unable to serve, an interested person (often a beneficiary or heir) can petition the probate court to be appointed as the personal representative.
The court gives priority to persons listed by the statute (for example certain beneficiaries or next of kin) when choosing among competing petitions, but a suitable willing person can usually be appointed.

Practical steps to seek appointment in Hawaii

Gather the necessary documents. You will need the original will (if available), a certified copy of the death certificate, and any evidence the nominated executor has refused (signed renunciation) if you have it.
Talk to the person who was nominated. If the sibling simply hasn’t responded, ask them to sign a written renunciation. A signed renunciation speeds the process because the court will treat the nomination as declined. The renunciation can be filed with the probate court.
File a petition for probate / appointment. If the named executor refuses or if there is no valid executor, file a petition for probate and for appointment of a personal representative in the circuit court of the county where the decedent lived. The petition asks the court to admit the will (if there is one) and to appoint a personal representative.
Provide notice to interested people. Hawaii law requires notice to beneficiaries, heirs, and sometimes creditors. The court’s clerk typically explains the notice requirements and how to publish notice if required.
Attend the hearing (if one is scheduled). If there is no uncontested renunciation and the petition is contested, the court will schedule a hearing. Bring proof of why you are a proper person to serve (for example, that you are a beneficiary, that you are willing and able to serve, that you will post bond if required).
Bond and qualifications. The court may require an estate bond unless the will waives it or the court otherwise dispenses with it. The court also will confirm that you are legally capable (not a minor, not disqualified by a criminal conviction if that matters).
Receive Letters Testamentary or Letters of Administration. If appointed, the court issues papers (letters) that allow you to act for the estate—collect assets, pay bills, and distribute property under the will or under law.

Common complications and how Hawaii law handles them

Named executor is unavailable but did not formally renounce. If they simply refuse to act, file your petition and notify them. The court will treat their failure to accept within a reasonable time as a declination and proceed to appoint another qualified person.
Two or more people want to serve. The court resolves competing petitions by considering priority under statute and the best interests of the estate. If you and others disagree, be prepared to show why your appointment preserves estate value and is efficient.
Disagreement among beneficiaries. Beneficiaries can object at the hearing. The court may hold the hearing, take testimony, and rule. Often objections are resolved by compromise (appointment of a neutral third person or professional fiduciary).
Bond issues. If the will waives bond for the nominated executor but not for someone else, the court may still require bond for your appointment. Be prepared to arrange a bond or ask the court to waive it based on circumstances.

Timeline and costs

How long the process takes depends on whether the nominated executor signs a renunciation, whether there are disputes, and the court’s schedule. If the nominated executor signs a renunciation and no one contests, a typical uncontested appointment may be resolved in a few weeks to a few months. Contested matters can take longer. Court filing fees and bond premiums (if required) are common costs.

Where to file and where to get forms

Probate petitions are filed in the circuit court for the county where the decedent lived. The Hawaii Judiciary offers self-help information and forms for probate and guardianship matters: Hawaii Judiciary – Probate and Guardianship. For the statutory framework, consult Hawaii Revised Statutes, Chapter 560.

When you should consider hiring an attorney

If the estate is large, complex (real estate, business interests, tax issues), or contested, hire a probate attorney. An attorney can prepare and file the petition, handle notice and bond issues, represent you at hearings, and help avoid personal liability by ensuring proper accounting and distribution.

Helpful Hints

Ask the nominated executor for a written renunciation; it speeds the process.
Collect the original will and several certified copies of the death certificate before filing.
Keep beneficiaries informed. Clear communication reduces objections and delays.
Be ready to post a bond or show why a bond should be waived.
If the nominated executor is incapacitated, provide medical or other proof to the court so it can move forward.
Use the Hawaii Judiciary self-help pages for local filing rules and contact information: https://www.courts.state.hi.us/self-help/probate_and_guardianship.
If you expect disputes, consult a probate attorney early to avoid mistakes that can lead to personal liability.

Disclaimer: This article explains general principles of Hawaii probate law and practical steps for seeking appointment as a personal representative when a named executor refuses to serve. It is educational only and is not legal advice. For advice about a specific situation, consult a licensed attorney in Hawaii.