Practical steps to secure a decedent’s house and inventory belongings in Hawaii

Brief disclaimer: I am not a lawyer. This is general information, not legal advice. For advice tailored to your situation, consult a Hawaii probate attorney.

Short answer (what to do first)

If someone has died and you are preparing to seek appointment as administrator, act quickly to preserve the property and evidence: document everything, limit access, notify family about your intent to file for appointment, contact the probate court to start the process, and call police if someone is actively stealing. After you file, ask the court for temporary control of the estate (letters of administration or a temporary order). Do not distribute estate property or conceal items for your own benefit before you have court authority.

Detailed answer — step-by-step under Hawaii law

1) Understand your legal position

In Hawaii, the probate process controls who has legal authority to manage a decedent’s property. Until the court issues letters of administration or letters testamentary, no one (other than an appointed personal representative) has legal authority to take, sell, or distribute estate property. For background on Hawaii probate rules and forms, see the Hawaii Judiciary probate self-help page: https://www.courts.state.hi.us/self-help/probate. For the statutes governing probate, see Hawaii Revised Statutes, Chapter 560: HRS Chapter 560 (Probate).

2) Immediate preservation steps (take these now)

Document the scene: Take time-stamped photos and video of every room, closets, safes, jewelry boxes, and vehicles on the property. Photograph high-value items and any signs of recent removal or damage.
Make a written inventory: Start a basic list with descriptions, approximate value, serial numbers, and locations for high-value items (jewelry, guns, collectibles, electronics, cash).
Secure the home: If reasonable and safe, lock doors and windows. If you have access to spare keys or can legally lock the property without provoking a confrontation, do so. Avoid escalating tense family interactions; do not use force to exclude someone in the house.
Protect very high-value items: If possible, move small, valuable items to a safe deposit box or a secure locked location. If you remove items, document exactly what you removed, why, and when, and avoid the appearance of self-dealing.
Contact the insurer: Notify the homeowner’s insurance company about the death and any risk of loss. They can advise on coverage and may document the claim.

3) Communicate, but don’t create admissions

Tell immediate family and other interested parties that you will be filing for appointment as administrator (if you intend to) and that you plan to secure and inventory the property to preserve estate assets. This written notice can reduce misunderstandings and help deter unilateral removal. Keep communications factual and neutral; avoid inflammatory language.

4) When to involve the police

If someone is actively removing property or threatening violence, call 911. Theft of property is a crime and police can intervene. If the situation is non-violent but someone has already taken items, file a police report and give them your inventory and photos. Police may treat disputes over estate property as civil in non-criminal cases, but a clear police report creates an official record if you later seek relief from the probate court.

5) Start the probate process quickly

File a petition to open probate and to be appointed administrator (or to have an executor appointed if there is a will). Once you file, you can ask the court for interim relief, such as temporary possession or limited authority to preserve assets until the final appointment. Many probate courts will consider emergency or ex parte relief if estate assets are at immediate risk.

Use the Hawaii Judiciary self-help resources and local probate clerk for starting documents: Hawaii Courts — Probate. For statutory background about appointment and administration, see HRS Chapter 560: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/.

6) Ask the court for temporary possession or a protective order

When you file your petition, include a motion for temporary control over the residence and estate assets if necessary to prevent loss. The court may issue temporary letters or an order allowing the petitioner to secure the property and prepare an inventory until the hearing on appointment. This is the safest legal path to prevent siblings from legally claiming items before the administrator is appointed.

7) Keep careful records

Log every entry to the house (who entered, when, why).
Keep copies of photos, inventories, receipts, appraisal reports, insurance notices, and police reports.
Note any correspondence with family members and with the court clerk or police.

8) Avoid common mistakes

Do not distribute estate property or give items to family members before the court authorizes it. That can expose you to claims and liability.
Don’t hide assets or take items for personal use.
Avoid physical confrontations when securing the property; call police for safety concerns.

When to hire an attorney

Hire a probate attorney if:

Family members are actively removing or threatening to remove property.
You need the court to issue immediate, temporary control orders.
The estate includes complex assets (businesses, out-of-state property, large sums).
You expect contested claims or litigation.

Helpful hints

Make digital backups of photos and the inventory and email them to yourself or store them in cloud storage.
Get neutral witnesses when moving or documenting valuable items.
Consider a professional inventory or appraisal for high-value collections.
If the house has tenants, review leases and talk to the probate clerk about how to handle ongoing rental income.
Keep the original will and important papers in a sealed envelope labeled for the court, and tell the probate clerk where you stored them.
Be mindful of firearms: follow safe storage laws and contact local law enforcement if you are unsure how to secure them.

Key resources

Hawaii Judiciary — Probate Self-Help: https://www.courts.state.hi.us/self-help/probate
Hawaii Revised Statutes, Chapter 560 (Probate): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/

Final reminder: Preserve evidence, avoid unilateral distributions, and ask the probate court for temporary control when assets are at risk. For decisions with legal consequences, consult a licensed Hawaii probate attorney.