Detailed answer: How to open a probate estate in Hawaii so the estate (or personal representative) can pursue a Camp Lejeune claim

If your spouse died and you need to preserve or pursue a claim that arose from their time at Camp Lejeune, you will usually need an appointed personal representative (executor or administrator) for the decedent’s probate estate in Hawaii. The personal representative has authority to collect the decedent’s assets, pay valid debts, and bring or defend lawsuits on behalf of the estate.

Step 1 — Decide whether probate is required

Not every death requires a full probate administration. Some assets pass outside probate (jointly held property with rights of survivorship, payable-on-death accounts, insurance with named beneficiaries, certain retirement accounts). If the decedent’s only asset related to the claim is the potential Camp Lejeune lawsuit, you still often must open a probate estate so an official representative can bring the claim on behalf of the estate.

Step 2 — Locate the will (if any) and the right court

If there is a valid will, that will ordinarily nominate a personal representative. If there is no will, Hawaii law provides an order of priority for who may be appointed. Probate matters are handled by the Hawaii circuit courts. For general information and local procedures, see the Hawaii State Judiciary self-help and circuit court pages: https://www.courts.state.hi.us/ and https://www.courts.state.hi.us/courts/circuit_courts

Step 3 — File the petition for probate

To open the estate, an interested person (often the nominated executor, surviving spouse, or another heir) files a petition for probate (probate of will and/or appointment of administrator) in the circuit court where the decedent lived. The petition typically asks the court to admit the will (if there is one) and appoint a personal representative. The court will require a certified copy of the death certificate and the original will if one exists.

Step 4 — Court appointment and letters of administration

If the court grants the petition, it issues letters testamentary (if the will names an executor) or letters of administration (if no will or a different appointment). These letters are the official proof of authority the personal representative uses to step into the decedent’s legal shoes for asset collection and litigation.

Step 5 — Notice to creditors and statutory duties

The personal representative must identify the decedent’s creditors, publish or provide notices as required by Hawaii law, collect assets, evaluate claims, pay valid debts, and distribute the remainder to heirs or beneficiaries. This role includes preserving and pursuing lawsuits the decedent had the right to bring, including federal or state claims related to Camp Lejeune exposure.

Step 6 — Filing the Camp Lejeune claim on behalf of the estate

A Camp Lejeune–related claim that belongs to the decedent generally must be brought by the personal representative in the name of the estate. That means you should wait until the court appoints you or another person in that representative role (or seek a court order authorizing you to bring the claim) before filing suit or submitting a claim form. A lawyer experienced with Camp Lejeune litigation can advise whether the claim can be pursued administratively or must be filed in federal court, and how the special federal statutes apply to a deceased claimant’s estate.

Key Hawaii laws and resources

• Hawaii statutes governing probate and administration are located in the Hawaii Revised Statutes. For the probate code and related provisions, consult the Hawaii Legislature’s website (search for Chapter 560 and related chapters) at https://www.capitol.hawaii.gov/hrscurrent/.
• Probate court rules, procedures, and local forms are available from the Hawaii State Judiciary: https://www.courts.state.hi.us/.

Common practical considerations

• If you are the surviving spouse, you are often the first person who can petition the court to become the personal representative. If the will names someone else, that person has priority unless the court decides otherwise.
• If the estate is small, Hawaii may have simplified or expedited procedures. Ask the local circuit court clerk about small-estate procedures to see whether summary administration applies.
• Bring certified copies of the death certificate and any documents showing the decedent’s interest in assets or exposure history related to Camp Lejeune.
• Preserve evidence tied to the Camp Lejeune exposure (service records, medical records, base housing records). The personal representative should gather these for the claim.
• When in doubt, hire a probate attorney in Hawaii to handle the probate appointment and an attorney experienced in Camp Lejeune litigation (federal claims) to evaluate and file the substantive claim.

Important: federal Camp Lejeune claims are governed by federal law and may have special filing windows or procedural requirements. Opening a Hawaii probate estate creates the legal capacity to pursue the federal claim on behalf of the decedent; you should coordinate state probate steps with counsel handling the Camp Lejeune matter so federal deadlines are not missed.

Helpful hints

• Contact the circuit court clerk in the county where your spouse last lived for the exact forms, filing fees, and local procedures: https://www.courts.state.hi.us/.
• Get several certified copies of the death certificate early — you will need them for the probate filing and to deal with banks, insurers, and government agencies.
• Keep a central folder with the decedent’s service records, medical records, housing records, military ID, Social Security number, and any documents that prove time at Camp Lejeune.
• Do not sign away the claim or assign it without legal advice. The personal representative must protect the estate’s legal rights and may need court approval for settlement in some cases.
• Ask about small-estate rules if the estate’s assets (other than the potential tort claim) are minimal — simplified procedures can reduce cost and delay.
• Work with two lawyers when needed: one for Hawaii probate administration and one experienced in Camp Lejeune claims or federal tort practice. Coordinating both avoids missed deadlines.
• Keep careful records of estate receipts and expenses — the personal representative may need to account to the court and beneficiaries.