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 (for example, a creditor or more distant relative) can only secure appointment by establishing one of these conditions:
- Failure to Qualify: The higher-priority heir must fail to file the necessary qualification documents (oath and bond) within 30 days after receiving notice from the court. Under HRS §560-4(b), a delay or refusal allows the next person on the priority list to petition.
- Disqualification: The higher-priority heir must be legally disqualified for reasons such as being under guardianship for incapacity, convicted of a felony, having an adverse interest, or refusing to serve. See HRS §560-13 and HRS §560-2(4).
- Waiver in Writing: The heir with priority may sign a written waiver of their right to serve. A valid waiver under HRS §560-5 clears the way for the next person on the list.
- Death or Ineligibility: If the higher-priority heir predeceases the decedent or otherwise becomes ineligible before appointment, the court moves to the next heir.
To proceed, the interested party must file a petition for administration with the probate court in the county where the decedent resided. The petition should include:
- A statement of why all higher-priority heirs cannot or will not serve.
- Evidence of disqualification, failure to qualify, waiver, or death.
- A proposed bond (if required) and proof of notice to interested parties.
At the hearing, the court will review the petition and any objections. If the court finds the higher-priority heir unavailable or disqualified, it will appoint the petitioner as administrator.
Helpful Hints
- Consult the probate clerk’s office for local filing fees and form requirements.
- Serve all interested parties promptly to avoid delays or objections.
- Obtain certified copies of any waivers or disqualification documents.
- Track all deadlines: 30 days for qualification and any objection periods under court rules.
- Consider hiring counsel if disputes or contested hearings arise.
Disclaimer: This article does not provide legal advice. It offers general information under Hawaii law. Consult a licensed attorney for guidance on your specific situation.