Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Understanding the Estate Administration Process in Hawaii
Under Hawaii law, a personal representative—sometimes called an executor or administrator—follows a structured procedure to locate assets, inventory property, notify creditors, and distribute remaining assets. These steps comply with the Hawaii Revised Statutes (HRS) Chapter 560 (Uniform Probate Code) to ensure debts are settled and heirs receive their rightful inheritance.
1. Appointment of Personal Representative
After a probate petition is filed, the court issues letters testamentary or letters of administration. These documents give the personal representative authority to act on behalf of the estate. (See HRS §560-2-401)
2. Locating and Securing Assets
- Review the decedent’s records for bank accounts, investment statements, retirement plans, and insurance policies.
- Search public records for real estate deeds at the Bureau of Conveyances.
- Secure tangible property, such as vehicles, jewelry, and household items, to prevent loss or damage.
3. Inventory and Appraisal
The personal representative must file a verified inventory with the probate court within three months of appointment. This inventory lists all real and personal property and its estimated value. (See HRS §560-3-801)
4. Creditor Notice and Debt Settlement
- Publish a notice to creditors in a local newspaper within two weeks of appointment. (See HRS §560-3-801)
- Mail written notice to known creditors.
- Allow creditors up to four months to file claims. (See HRS §560-3-907)
- Review and approve or reject claims, then pay valid debts in priority order. (See HRS §560-3-1001)
5. Final Accounting and Distribution
Once debts and expenses are paid, file a final accounting with the court. After court approval, distribute the remaining assets according to the will or intestacy rules. (See HRS §560-3-1002)
Helpful Hints
- Keep organized records of all communications, expenses, and transactions.
- Use certified mail for creditor notices to establish proof of delivery.
- Obtain a professional appraisal for high-value assets.
- Consult probate court staff for local procedural details.
- Consider engaging a probate attorney for complex estates.