Detailed Answer

Short answer: Not always. Whether probate administration is required in Hawaii when someone dies without a will (intestate) depends on what assets the decedent owned, how those assets are titled, and whether the estate qualifies for a simplified or small‑estate procedure. If significant assets are only in the decedent’s name, probate (or a formal appointment of an administrator) is typically required to transfer ownership. If most assets are jointly owned, have named beneficiaries, or fall below Hawaii’s small‑estate thresholds, you may avoid full probate.

What probate and intestacy mean

Probate is the court process that collects a person’s assets, pays debts and taxes, and distributes what’s left to heirs or beneficiaries. Dying without a will is called intestate. In that case, Hawaii’s laws determine who inherits (the decedent’s surviving spouse, children, parents, etc.). Those intestacy rules and the probate process exist to transfer legal title to property and provide authority to handle the decedent’s financial affairs.

How Hawaii handles intestacy and probate

Hawaii’s intestacy and probate rules are found in the Hawaii Revised Statutes and the Hawaii State Judiciary’s probate resources. The courts will supervise estate administration when necessary so creditors can be notified and heirs receive their lawful shares. See the Hawaii Judiciary probate information for forms and procedures: https://www.courts.state.hi.us/self-help/probate. For statutory intestacy rules, consult the Hawaii Revised Statutes (search Chapter 560 on the legislature website): https://www.capitol.hawaii.gov/hrscurrent/.

When probate administration is likely required

Major assets (real estate, bank accounts, brokerage accounts, vehicles titled solely in the decedent’s name) exist and need retitling.
The estate must pay significant debts, taxes, or there are creditor claims that require formal notice and handling.
Multiple beneficiaries or heirs dispute the distribution or the identity of heirs is unclear.
No one has authority to sign documents or access accounts without a court‑issued administrator appointment.

When you may avoid formal probate in Hawaii

Assets pass automatically by operation of law or contract: joint tenancy with right of survivorship, accounts with payable‑on‑death (POD) or transfer‑on‑death (TOD) designations, retirement accounts or life insurance with named beneficiaries.
The estate qualifies for a simplified or summary procedure (small‑estate process) under Hawaii practice or has only assets that can be transferred by affidavit. See the Judiciary’s self‑help pages for small‑estate options and forms: https://www.courts.state.hi.us/self-help/probate.
All owners and creditors agree to transfers outside of court and the institutions holding assets accept the documentation offered by heirs or an appointed representative.

Typical steps if someone dies without a will in Hawaii

Identify and secure assets and important papers (titles, account statements, insurance policies).
Locate family and determine likely heirs under Hawaii intestacy rules.
Contact the Hawaii State Judiciary probate self‑help center or county probate court about whether a probate (or appointment of an administrator) is needed: https://www.courts.state.hi.us/self-help/probate.
If the estate is small or assets have beneficiary designations or joint owners, present institutions with required documents or use small‑estate procedures described by the courts.
If probate is required, file a petition for administration and request appointment of an administrator to collect assets, pay debts, and distribute the estate according to Hawaii’s intestacy statutes.

Example (hypothetical)

Jane Doe dies in Hawaii with a bank account titled solely in her name, one car in her name, and a house solely in her name. She left no will. Because major assets are solely titled in Jane’s name, someone will likely need to open a probate case and ask the court to appoint an administrator who can sell or retitle assets and distribute the proceeds under Hawaii’s intestacy rules. If Jane’s only asset were a modest bank account under the small‑estate limit and all other assets were jointly owned or had beneficiaries, the heirs may be able to use a simplified procedure and avoid full probate.

When to consult an attorney

You should consult a probate or estate attorney if the estate owns real property, creditors are likely to claim against the estate, heirs disagree on who gets what, or if the estate’s size or complexity makes filing paperwork difficult.
An attorney can advise whether Hawaii’s small‑estate or summary procedures apply, prepare petitions, and represent heirs or an administrator in court.

Helpful links

Hawaii State Judiciary — Probate self‑help and forms: https://www.courts.state.hi.us/self-help/probate
Hawaii Revised Statutes (search for intestacy / probate provisions): https://www.capitol.hawaii.gov/hrscurrent/

Helpful Hints

Inventory assets promptly. Institutions often freeze accounts until they see the proper documents.
Look for beneficiary designations and joint titles—these avoid probate for those specific assets.
Check the Hawaii Judiciary site first for small‑estate forms and local procedures before filing a full probate petition: https://www.courts.state.hi.us/self-help/probate.
Keep clear records of expenses paid for the decedent (funeral, medical) — administrators often seek reimbursement from the estate.
If you’re unsure whether probate is required, get a short consultation with a probate attorney — many offer limited initial consultations to explain whether the court must be involved.

Disclaimer: This article explains general principles of Hawaii probate and intestacy law for educational purposes only. It is not legal advice. For guidance tailored to your situation, consult a licensed attorney in Hawaii or contact the Hawaii State Judiciary self‑help resources linked above.