Detailed Answer
When an estate administrator in Hawaii has limited information about potential heirs, thorough research and adherence to Hawaii probate law ensures you identify and verify all rightful beneficiaries. Follow these steps to fulfill your duties under Hawaii Revised Statutes (HRS) Chapter 560.
Understand Hawaii’s Intestate Succession Rules
Under HRS §560:2-101, intestate property passes in this order: spouse, descendants, parents, siblings, then more distant relatives. Recognize which class may include unknown heirs. For full text, see HRS §560:2-101.
Gather Any Known Details
Start with documents you have on hand: letters, family Bibles, tax returns, or military records. These may list names, birthplaces, or former addresses of relatives.
Search Public and Vital Records
Request birth, marriage, and death certificates from the Hawaii Department of Health Vital Records (health.hawaii.gov/vitalrecords). Check property records at the Bureau of Conveyances (dlnr.hawaii.gov/boc) for transactions mentioning family members.
Publish Notice Under Probate Rules
Publish a notice to creditors and potential claimants as required by the court. This step can alert missing heirs. See publication requirements in HRS §560:3-303.
Use Online and Professional Resources
Search free databases like FamilySearch and paid services like Ancestry.com. If records remain elusive, consider hiring a licensed private investigator. Investigators can access specialized archives and local resources.
Verify Identities and Relationships
Match names, birth dates, and parent names using certified vital records. Obtain sworn affidavits from individuals with firsthand knowledge when possible. Confirm each heir’s status before distributing assets.
File Heirship Affidavits and Court Petitions
After verification, file an heirship affidavit with the probate court and submit a clear family tree. If disputes arise, petition the court for formal heir determination. Review procedural rules in HRS Chapter 560.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Keep detailed logs of all searches, including dates and sources.
- Use middle names or initials to distinguish individuals with common names.
- Obtain certified copies of vital records for court filings.
- Contact local historical societies for archived newspapers and obituaries.
- Notify potential heirs by certified mail to confirm receipt.
- Maintain transparent communication to reduce estate disputes.