Detailed Answer
In Hawaii, when a person dies without a valid will, the estate is considered intestate. The court appoints an administrator—also called a personal representative—to manage the estate under the Hawaii Uniform Probate Code (HRS Chapter 560).
Determine Eligible Heirs and Appointment Priority
HRS §560:3-202 sets out who may serve as administrator. The court follows a priority list:
- Surviving spouse;
- Adult child;
- Other heirs (parents, siblings, grandchildren).
If multiple heirs share the same priority level, they can agree on one administrator. If they cannot agree, the court selects the most suitable candidate based on availability, location, and potential conflicts of interest.
File a Petition for Letters of Administration
An eligible heir files a petition in the Probate Division of the circuit court where the decedent resided. The petition must include:
- The decedent’s full name, date of death, and last address;
- A list of heirs with relationships and contact information;
- An estimated value of the estate assets;
- A statement that the decedent died intestate (no valid will).
See HRS §560:3-203 for petition requirements and appointment procedures.
Provide Notice to Heirs and Creditors
After filing the petition, the petitioner must notify all heirs and known creditors of the probate proceeding as required by HRS §560:3-202. This notice allows interested parties to object to the appointment or propose a different personal representative.
Post Bond and Obtain Letters of Administration
The court may require the administrator to post a bond to protect estate assets. Once the bond is approved, the court issues Letters of Administration, granting authority to collect assets, pay debts, and distribute property under court supervision. Refer to HRS §560:3-403.
Administer and Close the Estate
The administrator inventories assets, notifies creditors, pays valid debts, and distributes remaining property to heirs under the intestacy rules in HRS Chapter 560, Part II. Finally, the administrator submits a closing statement and petition to discharge the administration.
Helpful Hints
- Gather family records and contact information to identify all potential heirs.
- Obtain a certified death certificate before filing the petition.
- Discuss administrator selection with co-heirs to prevent disputes.
- Maintain detailed records of all financial transactions and court filings.
- Consider consulting a probate attorney if the estate involves significant assets or potential conflicts.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.