Detailed Answer
Under Hawaii law, a personal representative (also called an executor or administrator) handles an estate’s administration when someone dies. If the decedent left a valid will, the court usually appoints the person named in that will. If there’s no will, the court appoints an administrator, often a close family member.
Here’s the step-by-step process:
- Prepare and File the Petition. Per HRS §560:3-303, the executor named in the will or a qualified heir may petition. The petition must follow the form and content rules in HRS §560:3-302. File it in the probate division of the circuit court where the decedent lived. Attach a certified death certificate, the original will (if any), and a current list of heirs and beneficiaries.
- Notification and Publication. After filing, publish a notice of the petition at least once a week for two consecutive weeks in a newspaper of general circulation in the county (HRS §560:3-304). Also mail notice to known heirs, beneficiaries, and interested parties at least six calendar days before the hearing.
- Waiting Period and Hearing. Hawaii law provides time for objections. Courts usually set a hearing 14 to 28 days after the petition date. At the hearing, the judge reviews the petition, any objections, and compliance with notice requirements.
- Issuance of Letters. If the court finds no valid objections and the petitioner is qualified, it issues letters of administration (or testamentary letters). These letters grant authority to collect assets, pay debts, and distribute property.
The entire process typically takes 4–8 weeks when there are no disputes. Complex estates or contested petitions can extend the timeline to several months.
Helpful Hints
- Obtain multiple certified copies of the death certificate early.
- Use the probate forms available on the Hawaii State Judiciary website.
- Schedule publication promptly to meet notice deadlines.
- Send notices by certified mail and keep proof of service.
- Track all filings and deadlines in a simple calendar or spreadsheet.
- Consider consulting a probate attorney for complex or high-value estates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your specific situation.