Detailed Answer
Short overview: If a person dies in Hawaii without a will (intestate), the court appoints a personal representative (often called an administrator) to handle the estate. The court gives priority to certain relatives. A sibling can become the administrator, but only after closer-priority relatives (for example, a surviving spouse, children, or parents) either do not exist or do not qualify or are unwilling to serve.
Key legal framework
Hawaii’s probate and intestacy rules are found in the Hawaii Revised Statutes, Chapter 560 (Probate Code). The Court’s rules and local procedures explain how to file and obtain appointment. For the probate code, see the Legislature’s Chapter 560 materials: HRS Chapter 560 (Probate Code). For practical filing steps and forms, see the Hawaii State Judiciary probate information: Hawaii Courts — Probate.
Who can be appointed as personal representative in Hawaii?
The court will appoint an appropriate person under the priority rules in the probate code. Typical priorities (in plain language) are:
- Surviving spouse
- Children (or their descendants)
- Parents
- Siblings
- More remote relatives or another person with an interest in the estate
If the deceased has no spouse, children, or parents, a sibling moves up in priority and may be appointed. If multiple siblings exist, the court will consider agreements among them, their relative fitness, and sometimes the amount each is entitled to inherit when deciding who to appoint.
Basic qualifications and potential disqualifications
To qualify the court generally requires the personal representative to be:
- An adult (age 18 or older).
- Mentally competent to carry out duties.
- Willing to accept the appointment and perform fiduciary duties.
The court may refuse to appoint a person who is unsuitable, for example because of a conflict of interest, criminal conduct affecting fitness for the role, or an inability to post a required surety bond. Also, in cases where someone is alleged to have caused the decedent’s death, probate law generally prevents that person from receiving benefits or serving as the estate’s representative.
Steps to become administrator (personal representative) in Hawaii
- Identify whether the decedent left a valid will. If no will exists, the estate is intestate and you seek appointment as personal representative.
- Check priority. Determine if closer relatives (spouse, children, parents) exist and whether they intend to serve. If none, a sibling may petition the court.
- File a petition for appointment with the appropriate circuit court (probate division) in the county where the decedent lived. Typical filings include a petition for appointment, an affidavit of death, a proposed order, and a certified copy of the death certificate.
- Provide notice. Hawaii law requires notice to interested persons and sometimes publication, depending on the assets and type of administration. The court clerk will advise on notice requirements.
- Bond and letters. The court may require the administrator to post a surety bond to protect estate creditors and beneficiaries. After appointment, the court issues letters of administration (proof of authority to act).
- Administer the estate. Duties include collecting assets, inventorying property, paying debts and taxes, and distributing the remaining property per Hawaii’s intestacy rules.
- Close the estate. File accountings or a final report and ask the court to discharge you as personal representative when administration is complete.
When siblings are competing or disagree
If more than one sibling wants to serve, they have several options:
- Agree among themselves that one sibling will serve and submit a joint petition or written consent to the court.
- If they cannot agree, each can file competing petitions and the court will decide who is best suited to serve, considering fitness, interest, location, and ability to act.
Practical details and timeline
Simple informal administrations can take a few months. Complex estates, creditor claims, tax issues, or contested appointments can take much longer. Typical upfront costs include court filing fees, bond premium (if bond is required), and possibly attorney fees. The Hawaii Courts provide step-by-step guidance and forms to help non-lawyers get started: Probate Forms and Information.
When you should consider hiring an attorney
Consider hiring a probate attorney if any of these are true:
- There is a dispute about who should be appointed.
- The estate has complex assets (real estate in multiple states, business interests, unresolved taxes).
- Creditors or large claims are likely.
- Potential conflicts with beneficiaries or allegations of wrongdoing exist.
Reminder and disclaimer: This information explains general Hawaii probate principles and steps to seek appointment as a personal representative when someone dies without a will. It is educational only and is not legal advice. For advice about a specific case or legal representation, contact a licensed Hawaii attorney.
Helpful Hints
- Start by contacting the probate clerk at the circuit court where the decedent lived. Court staff can explain local forms and fees.
- Gather documents first: certified death certificate, information about known relatives, asset statements, and any bank or title paperwork.
- Ask potential co-heirs if they will sign a written consent to your appointment. A signed consent can speed the process.
- Be prepared to explain why you are a suitable representative (ability to manage finances, local presence, no conflicts, willingness to post bond if required).
- Keep careful records. Administrators have fiduciary duties: document every estate transaction and keep receipts.
- If the estate seems small and no real estate or contested claims exist, simplified or summary probate procedures may apply—ask the court or an attorney about streamlined options.
- Use official resources: Hawaii Revised Statutes, Chapter 560 for the probate code (HRS Ch. 560), and the Hawaii State Judiciary probate pages (Probate Help).