All Laws Decoded

Letters Testamentary in Hawaii

How the Hawaii probate court issues letters testamentary or letters of administration, and what you need to apply.

Short answer: To act, a personal representative must be appointed by order of the circuit court or the probate registrar, qualify, and be issued letters; administration begins when letters issue. Haw. Rev. Stat. §§ 560:3-103, 560:3-203, 560:3-603

Letters testamentaryTo act, a personal representative must be appointed by order of the circuit court or the probate registrar, qualify, and be issued letters; administration begins when letters issue. Informal probate or appointment is requested by application to the probate registrar; formal proceedings are by petition to the circuit court. Priority goes to the person named in the will, then the surviving spouse or reciprocal beneficiary who is a devisee, other devisees, the spouse or reciprocal beneficiary, and other heirs. No bond is required in informal proceedings unless the will requires it or an interested person asks for one.
Who can be executorPriority for appointment goes to the person named in the will, then the surviving spouse or reciprocal beneficiary who is a devisee, other devisees, the surviving spouse or reciprocal beneficiary, other heirs, and (after 45 days) a creditor. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve. The statute does not bar non-residents. No bond is required in informal proceedings unless the will requires it or an interested person asks for one; in formal proceedings the court may require bond unless the will waives it.

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FAQ

How do I get letters testamentary in Hawaii?
To act, a personal representative must be appointed by order of the circuit court or the probate registrar, qualify, and be issued letters; administration begins when letters issue. Informal probate or appointment is requested by application to the probate registrar; formal proceedings are by petition to the circuit court. Priority goes to the person named in the will, then the surviving spouse or reciprocal beneficiary who is a devisee, other devisees, the spouse or reciprocal beneficiary, and other heirs. No bond is required in informal proceedings unless the will requires it or an interested person asks for one.
Who can be an executor in Hawaii?
Priority for appointment goes to the person named in the will, then the surviving spouse or reciprocal beneficiary who is a devisee, other devisees, the surviving spouse or reciprocal beneficiary, other heirs, and (after 45 days) a creditor. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve. The statute does not bar non-residents. No bond is required in informal proceedings unless the will requires it or an interested person asks for one; in formal proceedings the court may require bond unless the will waives it.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.