Serving as Administrator for a Parent’s Intestate Estate in Hawaii

Disclaimer: This article is educational only and is not legal advice. For guidance that applies to your exact situation, consult a licensed Hawaii attorney or the probate court.

Detailed Answer — How to apply to serve as administrator in Hawaii

If your mother died without a will (intestate) and you want to serve as the estate’s administrator in Hawaii, you start a probate administration in the Circuit Court for the county where she lived. The court appoints a personal representative (often called an administrator for intestate estates) to collect assets, pay debts, and distribute property to heirs under Hawaii law.

Step 1 — Confirm probate is needed and find the right court

First confirm whether probate is necessary. Some assets transfer outside probate (joint accounts, beneficiary-designated accounts, certain small estate procedures). If probate is needed, file in the Circuit Court where your mother was domiciled in Hawaii. The Hawaii Judiciary has information and forms for probate on its website: https://www.courts.state.hi.us/self-help/probate.

Step 2 — Who may be appointed

Priority for appointment generally follows the decedent’s closest relatives (surviving spouse, children, next of kin). If multiple people have the same priority, the court considers who is best suited and whether parties agree. The Hawaii probate statutes and rules govern appointment and intestate succession: see Hawaii Probate Code (HRS Chapter 560): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0331-0368/HRS0560/.

Step 3 — Prepare and file a Petition for Appointment of Administrator

Typical documents the court expects include:

Petition for Administration or Petition for Appointment of Personal Representative (administrator).
Certified death certificate.
A list of the decedent’s heirs with addresses and relationship to the decedent.
An inventory or estimate of the estate’s assets (bank accounts, real estate, vehicles, personal property).
A proposed bond or waiver of bond (the court may require a bond to protect estate creditors and heirs).

File these papers at the Circuit Court clerk’s office. Court filing requirements and local forms may vary by county; contact the clerk or review the Hawaii Judiciary website for forms and filing instructions: https://www.courts.state.hi.us/.

Step 4 — Notice to heirs and creditors

After you file, the court will require notice to heirs and interested parties. Hawaii law also requires notice to creditors (including publication in a newspaper in some cases). Creditors have statutory deadlines to present claims against the estate. Check HRS Chapter 560 for the statutory rules governing notice and creditor claims: HRS Chapter 560.

Step 5 — Court hearing and issuance of Letters of Administration

The court may schedule a hearing. If the court approves your appointment, it will issue Letters of Administration (court authorization to act for the estate). With those letters you can access bank accounts, collect assets, and act on behalf of the estate subject to court supervision and the duties imposed by law.

Step 6 — Administer the estate

After appointment you must: identify and secure assets; notify and pay valid creditors; file any required inventory or accountings with the court; and distribute remaining assets to heirs under Hawaii’s intestacy rules. Keep clear records and receipts. The probate code sets the order of distribution and the duties of the personal representative; see HRS Chapter 560 for details: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0331-0368/HRS0560/.

Small estate and simplified procedures

Hawaii offers simplified procedures in some limited situations (e.g., small-value estates, transfer by affidavit for certain assets). If the estate’s assets fall under the statutory threshold, you may be able to avoid full probate. Check the Hawaii Judiciary resources and HRS Chapter 560 for small estate options or speak with the court clerk about available simplified forms and processes.

What could prevent your appointment

The court can refuse to appoint someone who is disqualified under statute or unsuitable (conflicts of interest, felony convictions in some cases, incapacity). If multiple family members disagree, the court resolves competing petitions or will appoint an independent fiduciary if it finds that best protects the estate and heirs.

When to consult an attorney

Consider consulting a Hawaii probate attorney if the estate has real property, complex assets, potential disputes among heirs, substantial creditor claims, or tax questions. An attorney can prepare filings, represent you at hearings, and reduce the chance of errors that could delay administration.

Helpful Hints

Start by requesting several certified copies of the death certificate from the vital records office. Many institutions require a certified copy.
Collect documents that show ownership of assets (bank statements, deeds, vehicle titles, retirement account statements, insurance policies).
Ask other family members whether a will exists before filing. Even a handwritten will may be valid if it meets statutory requirements.
Prepare a reasonably complete list of likely heirs and their contact information before filing the petition.
Be ready to post a bond unless all heirs agree in writing to waive it or the court dispenses with it for a reason shown to the court.
Keep close records: inventories, receipts, and distributions. The court may require periodic accountings.
Check the Hawaii Judiciary website for local forms and instructions: https://www.courts.state.hi.us/self-help/probate
Review Hawaii’s probate statutes (HRS Chapter 560) for the governing rules: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0331-0368/HRS0560/
If you expect disputes, consider mediation or getting counsel early to avoid costly litigation.

If you want, I can outline a sample checklist of documents and a sample timeline for a typical Hawaii intestate administration, or provide links to likely probate forms for a specific Hawaii county.