Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaiʻi to discuss your specific situation.
Detailed Answer
When someone dies in Hawaiʻi, their estate usually goes through probate under the Hawaiʻi Probate Code (HRS Chapter 560). The person appointed by the court to manage the estate is called the personal representative (formerly known as the executor or administrator). Eligibility and priority rules determine who may serve.
1. Who Can Petition to Open an Estate?
Under HRS § 560:3-201, any “interested person” may petition the court to open probate and be appointed personal representative. An interested person includes:
- The surviving spouse
- Children of the decedent
- Parents of the decedent
- Siblings of the decedent
- Other next of kin
- Creditors of the decedent
- The public administrator
These petitioners rank in order of priority. The court must appoint the highest-ranking person who is willing and able to serve. See HRS § 560:3-201.
2. Are In-Laws Eligible?
A mother-in-law is not a blood relative, spouse, or creditor by default. She is not among the statutory categories—unless the decedent’s will specifically names her as a personal representative or beneficiary. In an intestate estate (no will), in-laws fall outside the order of preference for appointment.
3. When Could a Mother-in-Law Serve?
There are two main scenarios:
- The Will Names Her: If the decedent left a valid will that appoints the mother-in-law as personal representative, the court generally honors that choice. (HRS § 560:3-301(a)(2)).
- No Higher-Priority Petitioners: If there is no surviving spouse, children, parents, siblings, or other next of kin willing to serve—and no named executor—then any other interested person may petition. In practice, the court may appoint the public administrator if no one in the statutory list steps forward. A mother-in-law could petition only by demonstrating a direct interest (for example, as a beneficiary or creditor). See HRS § 560:3-201.
4. How to Open the Estate
- File a Petition for Probate in the circuit court of the county where the decedent lived (HRS § 560:3-301).
- Provide the original will (if one exists) and a certified death certificate.
- Notify all interested persons as required by statute (HRS § 560:3-303).
- Post bond if the court requires it (HRS § 560:3-204).
Helpful Hints
- Review the decedent’s will first. A named executor takes priority over statutory heirs.
- Check HRS § 560:3-201 online: HRS § 560:3-201.
- If you’re not sure whether you qualify, consult a probate attorney to review your relationship and interest.
- Understand bond requirements: the court may waive bond for close family members.
- Consider mediation if multiple family members dispute who should serve.