Temporary or Special Probate Administrator Requirements in Hawaii

At a glance

Requirements one by one

Informal protection and formal preservation use different process

An interested person may apply informally to the registrar when protection is necessary before a general appointment or after an earlier appointment ends. The circuit court's formal route requires notice, a hearing, and a finding that preservation or proper administration requires the office, including when the general representative cannot or should not act. An emergency permits the formal appointment without notice.

Under § 560:3-615, while a will is pending, its named executor must receive the special appointment if available and qualified. Otherwise any proper person may serve. Section 560:3-203 expressly says its ordinary priority ladder does not govern special-administrator selection.

Statewide notice uses a two-week publication route

When the formal route requires a hearing, § 560:1-401 ordinarily requires mail or personal delivery to interested persons at least 14 days beforehand. If identity or address cannot be found with reasonable diligence, publication runs once a week for two consecutive weeks, with the last publication at least 10 days before the hearing. The court may set a different method or time for good cause. These periods do not govern the informal or emergency without- notice routes.

An informal special administrator does not automatically post bond

Before letters, the appointee files acceptance and any required bond. Under § 560:3-603, informal special-administrator bond applies only when an interested party requests it and the court is satisfied that bond is desirable. Formal bond is court-controlled, subject to will relief and an interested- party request. A written demand by a person with an estate interest or creditor claim above $10,000 makes bond necessary only if the court orders it.

Under §§ 560:3-604 to 560:3-605, if neither will nor order sets the amount, the default is estimated personal property plus expected personal- and real- estate income for the next year. The court may excuse, increase, or reduce bond, release sureties, or permit a substitute. § 560:3-605 supplies the demand rule's court-order and removal mechanics described above.

Route and order define the operative power

Under § 560:3-616, an informal appointee collects, manages, preserves, accounts for, and delivers assets and has only the powers necessary for those duties. Under § 560:3-617, a formal appointee has general-personal- representative power unless the order limits time, acts, duties, or other terms. The special sections do not separately enumerate claims, debt, expense, distribution, remains, business, sale, mortgage, lease, or litigation authority.

Under § 560:3-618, the office ends under its order or when a general representative is appointed. Section 560:3-608 preserves necessary estate protection and delivery, earlier liability, and duties to preserve, account for, and deliver controlled assets after general termination. Under § 560:3-706, Hawaii excludes a special administrator from the ordinary three-month inventory. Because the office is a personal representative, § 560:3-719 supplies reasonable compensation but no special fee formula.

Scope boundaries

This survey does not decide whether protection, preservation, proper administration, emergency, availability, qualification, bond desirability, or suitability is proved; what notice, bond, powers, duties, time, acts, claims, transactions, or distributions the court should allow; or whether an account, delivery, fee, or liability claim is proper. The application or petition, will, appointment order, acceptance, bond, letters, estate record, general Probate Code, and later appointment control those questions.

Statutes and sources

• Haw. Rev. Stat. §§ 560:1-201 and 560:1-401 — definitions, court and registrar, and formal-hearing notice. Hawaii Legislature (accessed 2026-08-29).
• Haw. Rev. Stat. §§ 560:3-203 and 560:3-614 to -618 — ordinary-priority carveout, appointment routes, triggers, emergency, nominee, powers, order limits, and termination. Hawaii Legislature (accessed 2026-08-29).
• Haw. Rev. Stat. §§ 560:3-601, 560:3-603 to -605, 560:3-608, 560:3-706, and 560:3-719 — qualification, bond, continuing duties and liability, inventory exclusion, and compensation. Hawaii Legislature (accessed 2026-08-29).