How Can an Interested Party Obtain Appointment as Administrator in Hawaii When a Higher-Priority Heir Exists?
Detailed Answer Under Hawaii law, the court appoints an administrator of a decedent’s estate based on a statutory priority list in Hawaii Revised Statutes (HRS) §560-2. The order of preference begins with the surviving spouse and then follows blood relatives in descending tiers (HRS §560-2). If a person with higher priority exists, an interested party […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Hawaii?
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 […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Hawaii?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Appointment of a Guardian or Guardian ad Litem under Hawaii Law Detailed Answer Under Hawaii law, the Family Court of the circuit court has exclusive jurisdiction to appoint a guardian or guardian ad litem for a minor’s estate. A guardian of […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will in HI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance. Detailed Answer When a person dies without a will (intestate) in Hawaii, the probate process under HRS Chapter 560 governs distribution of assets. Minors cannot directly receive property until reaching the age of […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Hawaii?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a decedent’s estate proceeds through probate in Hawaii, the court appoints an administrator (also called a personal representative) to gather assets, pay debts and distribute the remainder to heirs or beneficiaries. To protect the estate and its interested […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Hawaii?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under Hawaii law, a personal representative may request compensation for settling an estate, including commissions on estate assets and sale proceeds. The court determines what is "reasonable" under Hawaii Revised Statutes (HRS) §560:3-607 and §560:3-608. HRS §560:3-607(a) authorizes the […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Hawaii?
Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Understanding the Estate Administration Process in Hawaii Under Hawaii law, a personal representative—sometimes called an executor or administrator—follows a structured procedure to locate assets, inventory property, notify creditors, and distribute remaining assets. These […]
Read article →How Do Intestacy Rules Apply in Hawaii if No Valid Will Is Found?
Understanding Hawaii Intestacy Rules Detailed Answer When someone dies without a valid will under Hawaii law, their assets pass through intestate succession. Chapter 560 of the Hawaii Revised Statutes (HRS) governs this process. Intestacy statutes identify priority heirs and divide the estate in defined shares. 1. Surviving Spouse and Lineal Descendants If the decedent leaves […]
Read article →Which court or county office handles estate administration and unclaimed property claims in HI?
Detailed Answer This article explains who handles estate administration and unclaimed property claims in Hawaii. It covers the relevant courts, state offices, and key statutory references. Always consult a qualified attorney for advice tailored to your situation. Estate Administration In Hawaii, each county’s Circuit Court oversees probate and estate administration. Under Hawaii Revised Statutes (HRS) […]
Read article →What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in Hawaii?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When someone in Hawaii dies without an open probate case, you must initiate estate proceedings to distribute assets and settle debts under Hawaii law. The process follows Hawaii Revised Statutes (HRS) Chapter 560 and involves these core steps: 1. Confirm […]
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