Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.

When a life insurance policy in Hawaii lacks a designated beneficiary, the proceeds become part of the decedent’s probate estate. You must open a probate case in the Circuit Court of the county where the decedent resided. Under Hawaii law, an insurer pays the death benefit to the personal representative (executor or administrator) appointed in probate. See Haw. Rev. Stat. §431:10-215 (https://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0431-0484/HRS0431-10-215.htm).

Here’s a step‐by‐step overview:

1. Petition for Probate: File a petition with the Circuit Court to admit the will (if any) and appoint a personal representative. If there is no will, the court will appoint an administrator under the intestacy provisions of Haw. Rev. Stat. Ch. 560.
2. Appointment of Personal Representative: After notice to heirs and interested parties, the court issues Letters of Administration or Letters Testamentary, granting authority to manage estate assets.
3. Inventory and Appraisal: Locate the life insurance policy. Submit a copy of the death certificate and court‐issued letters to the insurer. The insurer will recognize the personal representative and pay the proceeds into the estate.
4. Estate Accounting: Deposit proceeds into a dedicated estate account. Notify creditors and pay valid claims, funeral expenses, and administrative costs.
5. Distribution of Proceeds: After debts and expenses, distribute the remaining assets per the decedent’s will or, if intestate, under the statutory scheme in Haw. Rev. Stat. §560:2 (https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0556-0605/HRS0560/HRS_0560-0002.htm).
   • Spouse and children share if both survive.
   • If no spouse or children, assets pass to parents, siblings, or next of kin.
6. Final Accounting and Closing: File a final account with the court. After approval, the court discharges the personal representative and closes the estate.

Helpful Hints

• Confirm whether the insurer has a beneficiary record. Sometimes earlier designations exist off‐record.
• Gather all policy documents and applications. Under HRS §431:10-114, insurers must maintain beneficiary information.
• Promptly file for probate. Delays can trigger creditor claims or disputes.
• Keep clear records of all communications with the insurer and court filings.
• Consider alternative dispute resolution if heirs disagree on distribution.
• Work with a probate attorney to ensure compliance with Hawaii’s procedural rules.