Quick answer

If you are the sole lawful heir, you can ask the probate court to (1) revoke or reconsider the existing letters of administration, (2) remove the current administrator for cause or incapacity, and (3) be appointed as successor administrator. To do this you generally must file a written petition with the probate court that issued the letters, provide required notice to interested persons, show legal grounds for removal (misconduct, neglect, conflict of interest, incapacity, failure to account, etc.), and persuade the judge that appointment of you as administrator serves the estate’s best interests. Expect a hearing and the possibility the court will require an accounting by the current administrator before acting.

Detailed answer — steps and legal basis

1. Understand the probate framework in Hawaii

Hawaii probate matters are governed by state probate rules and statutes. Chapter 560 of the Hawaii Revised Statutes covers probate and administration of decedents’ estates. You can review the statutes here: Hawaii Revised Statutes, Chapter 560 (Probate). The Hawaii Judiciary offers general probate information and local court contacts at courts.state.hi.us.

2. Confirm your status as sole heir and priority for appointment

To ask for appointment you must show you are an interested person and your legal right to administration under Hawaii law (intestate succession rules or terms of a will, if any). If the decedent died intestate, Hawaii’s intestacy rules describe who has priority to serve as administrator. Gather documents that show your relationship to the decedent (birth certificate, family records, affidavits from persons who know the facts) and any relevant death certificate.

3. Identify and document legitimate grounds to remove the current administrator

Courts remove administrators when they fail to perform duties, mismanage estate assets, engage in misconduct or self-dealing, become incapacitated, refuse to account, or otherwise act contrary to the estate’s interests. Common grounds include:

• Failure to file inventory and accountings or to give required notices to creditors and heirs.
• Misappropriation or waste of estate assets.
• Conflict of interest or self-dealing (selling assets to themselves without court approval).
• Incapacity, serious illness, or inability to perform duties.
• Conviction of a crime that makes the person unfit.

Collect records and evidence (bank records, correspondence, receipts, affidavits) showing the administrator’s problematic conduct. The stronger your evidence, the better your chance at removal.

4. File the correct petition in the probate court

You must file a written petition (often called a petition for removal of administrator, petition for revocation of letters, and petition for appointment of successor administrator) in the probate court that issued the letters of administration. The petition should:

1. Identify the estate, the current administrator, and the letters of administration issued (date and court file number if known).
2. State your status as an interested person and your relationship to the decedent.
3. Explain the factual and legal grounds for removal with supporting evidence.
4. Ask the court to revoke or reconsider the letters and to appoint you as successor administrator (or ask the court to hold a hearing to determine appointment).
5. Request any interim relief needed to protect estate assets (temporary suspension of administrator’s powers, turnover of assets, or an accounting).

Check the local probate court’s required forms and filing procedures. The Hawaii Judiciary website and the court clerk can identify local filing rules and fee schedules.

5. Provide notice to interested persons and creditors

Hawaii law requires notice to heirs, beneficiaries, creditors, and other interested persons before the court acts. Follow statutory notice rules and local court requirements closely. The court will likely set a hearing date after proper notice.

6. Prepare for the hearing — accounting and evidence

The court commonly requires the current administrator to file an inventory and accounting. If the administrator refuses to cooperate, you can move the court to compel an accounting and request provisional relief to safeguard assets (for example, an order freezing distributions). At the hearing you can present documentary evidence and witness testimony showing the administrator’s misconduct or incapacity and why appointment of you is appropriate.

7. What the court may order

Depending on the evidence, the court may:

• Require the administrator to file an inventory and full accounting.
• Remove or suspend the administrator and revoke letters of administration.
• Appoint a successor administrator (the court decides who is fit; being the sole heir is persuasive but the judge still evaluates fitness and bond).
• Order restitution or other remedies if estate assets were misused.

8. Interim or emergency relief

If estate assets are at immediate risk (sale, transfer, or dissipation), ask the court for emergency or temporary orders: temporary removal of powers, asset turnover, or a restraining order. Courts can act quickly if you can show imminent harm.

9. Practical considerations

Be ready for contested litigation. Removal proceedings can be adversarial and may require subpoenas, depositions, and contested hearings. The court will weigh whether removal and appointing you best protect estate creditors, beneficiaries, and the public interest.

Helpful hints

• Start by reviewing the probate case file at the probate court clerk’s office to confirm what letters were issued, when, and on what grounds.
• Document everything: copies of checks, bank statements, communications, and any dates when the administrator failed to act.
• Request an accounting in writing early. A refusal to account is a strong basis for removal.
• Be prompt with filings. Probate courts often require strict notice and timing compliance.
• Consider mediation or written demand first if the administrator might agree to resign — courts favor negotiated solutions when appropriate.
• If you are appointed, expect the court may require you to post a bond unless the court waives it. Be prepared to explain why you should be appointed and how you will protect estate assets.
• Preserve evidence that supports allegations of mismanagement (screenshots, emails, certified copies of bank statements).
• Talk to the probate court clerk early to learn local form names, filing fees, and scheduling procedures.
• When in doubt, consult an attorney experienced in Hawaii probate to evaluate the strength of your case and to prepare court filings. If you cannot afford private counsel, ask the court about available self-help resources and fee waivers.