Detailed Answer

Short answer: Under Hawaii law, if your sibling died without a will (intestate), you generally must open a probate administration in the circuit court where the decedent lived to transfer title to their house unless the estate qualifies for a simplified small‑estate procedure. The process identifies heirs, appoints a personal representative, gathers assets, pays debts and taxes, and transfers the property to the person(s) entitled under Hawaii’s intestacy rules.

Step-by-step: Opening an estate in Hawaii when a sibling dies intestate

1. Confirm basic facts and collect documents.
   • Obtain certified copies of the death certificate from the Health Department or funeral home.
   • Locate the decedent’s title/deed for the house, mortgage statements, bank and investment account statements, insurance policies, and bills or loan documents.
   • Make a list of known family members and potential heirs (spouse, children, parents, siblings, etc.).
2. Decide whether full probate is required or a simplified procedure will work.
   • Hawaii courts provide simplified procedures for small estates or for limited transfers of personal property. Whether you can use a simplified method depends on the type and total value of the decedent’s assets, and whether title to the house will pass by survivorship or other nonprobate means.
   • If the real property (the house) is titled solely in the decedent’s name, a formal probate or court order is often required to clear title and record a new deed.

   Start at the Hawaii Judiciary probate self‑help pages for overview and forms: Hawaii Courts — Probate Self-Help.

3. Determine who inherits under Hawaii intestacy rules.
   • Hawaii follows heir‑order rules under the Hawaii Probate Code. If the decedent left no surviving spouse, no children, and no surviving parents, siblings may inherit. The exact share depends on which nearer relatives survive.
   • For the statutory text and ordering rules, see the Hawaii Probate Code: HRS Chapter 560 (Probate Code).
4. File a petition for probate (petition for administration) in the appropriate circuit court.
   • File in the circuit court for the county where the decedent was domiciled. The petition asks the court to open an estate and appoint a personal representative (sometimes called an administrator when there is no will).
   • Attach a certified death certificate and any required information about assets and heirs. Because there is no will, the court will appoint an administrator, usually a person who is an appropriate heir or someone nominated by the heirs.
   • Hawaii court self‑help pages and local court clerks can explain filing fees and the required paperwork: Probate Forms and Information.
5. Notice, bonding, and appointment.
   • The court will require notice to interested persons (heirs and creditors). The court may require the administrator to post a bond unless the heirs agree to waive it.
   • When the court issues Letters of Administration (or similar documents), the appointed administrator has authority to act for the estate: gather assets, manage or sell property if authorized, pay debts, and distribute remaining assets to heirs under the law.
6. Inventory, creditor claims, and paying liabilities.
   • The administrator must locate and identify assets (including the house), create an inventory, notify creditors, and pay valid debts and expenses from estate funds.
   • Some creditor notice and claim deadlines are set by statute or court rule; check the court’s instructions and consult the probate code for deadlines and procedures: HRS Chapter 560.
7. Transfer title to the house.
   • Once debts and costs are handled (or with court authorization), the estate will distribute the house to the person(s) entitled under intestacy. The administrator records the required court order or deed transferring title in the applicable land records office.
   • If the property is registered in the Land Court, you will follow Land Court procedures; if it is in the Bureau of Conveyances, you will record documents there. The court or county recording office can tell you which records office applies.
8. Final accounting and closing the estate.
   • The administrator files a final accounting with the court, petitions for discharge, and asks the court to close the estate once distribution is complete.

Key practical issues specific to a sibling heir

• If the decedent left no spouse, no descendants (children/grandchildren), and no surviving parents, siblings are commonly next in line to inherit under intestacy—that makes you or other siblings potential heirs.
• Multiple siblings: If several siblings survive, the house (or its sale proceeds) will generally be divided among them according to the statutory shares. The administrator distributes shares unless heirs agree otherwise and the court approves.
• Disagreements among siblings: If siblings disagree about selling the house or who should be administrator, the court resolves the disputes. Hiring an attorney can help navigate disagreements and speed resolution.

Statutes and official resources

• Hawaii Probate Code (general probate and intestacy rules): HRS Chapter 560.
• Hawaii Judiciary probate self-help, forms, and local court contacts: Hawaii Courts — Probate Self-Help and Probate Forms.
• Hawaii Department of Taxation (estate tax or filing questions): tax.hawaii.gov. Also check federal estate tax guidance at the IRS.

When to hire an attorney

Consider hiring a probate attorney if any of the following apply:

• The estate includes real property and multiple potential heirs who may disagree;
• The estate owes significant debts, or creditors contest claims;
• Complex assets (business interests, out‑of‑state property, contested heirship, tax issues);
• You want help with court filings, or the court processes seem confusing.

Disclaimer: I am not a lawyer. This article explains general information about Hawaii probate and intestate succession. This is not legal advice. For advice about your specific situation, consult a licensed Hawaii probate attorney or contact the local probate clerk.

Helpful Hints

• Start by getting several certified death certificates—financial institutions and government agencies often require originals.
• Talk to all close relatives early to see who is willing to serve as administrator and whether heirs agree about selling or keeping the house.
• Contact the county recorder/land office where the property sits to confirm how title is recorded and which documents the office requires to change ownership.
• Notify the mortgage company, homeowner’s insurance, utilities, and property tax office promptly to avoid penalties or lapses in coverage.
• Keep careful records and receipts for estate expenses—administrators must account for expenditures and distributions.
• If the estate seems small, ask the court clerk about simplified or small‑estate procedures that can save time and expense.
• Ask the probate clerk for sample forms and filing checklists. Many courts provide step‑by‑step instructions for non‑lawyers.