Detailed Answer
What Are Letters of Administration?
Letters of administration are court-issued documents that authorize an individual (the administrator) to collect, manage, and distribute the assets of someone who died without a valid will. In Hawaii, these letters ensure the estate is settled under Hawaii Revised Statutes (HRS) Chapter 560.
When You Need Letters of Administration
If a person dies intestate—that is, without a will—a qualified individual (often a surviving spouse or next of kin) must apply for letters of administration. This process opens a probate estate and gives the administrator legal authority to act on behalf of the decedent’s estate.
Required Documentation
- Certified Death Certificate
Submit a certified copy of the decedent’s death certificate to prove the death. See HRS §560-2. - Petition for Letters of Administration
File a written, sworn petition stating the decedent’s full name, date of death, approximate value of the estate, and names, ages, and addresses of heirs. See HRS §560-3. - List of Heirs
Provide a complete list of all heirs entitled to inherit, including relationships and contact information. See HRS §560-3(2). - Oath of Administrator
The proposed administrator must sign an oath promising to perform duties faithfully and account for estate assets. See HRS §560-6. - Estate Bond
Unless the court waives the requirement, post a bond to protect the estate from mismanagement. The bond amount depends on the estate’s value. See HRS §560-16. - Notice of Hearing
Prepare and serve notice of the administration hearing on all interested parties. File proof of service with the court. See HRS §560-10. - Renunciation or Consent Forms
If individuals with priority to serve decline or consent to your appointment, include their signed renunciation or consent forms. See HRS §560-8. - Filing Fee
Pay the probate filing fee required by the local Hawaii probate court. Verify the current fee schedule.
Once you file these documents, the court schedules a hearing. After approval, the judge issues the letters of administration, granting you authority to manage and distribute the estate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Helpful Hints
- Double-check names, dates, and addresses on all forms to avoid delays.
- Obtain certified death certificates from the state registrar.
- Keep copies of every document you submit to the court.
- Provide accurate contact information for all heirs to ensure proper notice.
- Visit the Hawaii State Judiciary website for local probate court rules and forms.