How Do I Oppose a Motion to Appoint Co-Administrators of my Husband's Estate?

Full question:

My husband passed away about a month ago. He was in the Navy. I received a letter from an attorney saying that his father and sister have applied for appointment of co-admin of his estate. I live in Florida, my husband lived and passed away in Hawaii, and his family lives in Kentucky. Do they have any legal right to do this? How do I fight this?

• Category: Wills and Estates
• Subcategory: Executors and Administrators
• Date: 04/07/2025
• State: Florida

Answer:

I'm assuming the husband died without a will and you remained married. The answer will depend on all the facts involved, such as whether they have already been appointed and the type of proceedings (formal or informal). Typically, the surviving spouse has priority to be appointed a personal representative. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment, and that administration is necessary. In a formal proceeding, an objection to appointment may be made. It is also possible to petition for removal for cause after appointment.

Please see the following HI laws to determine applicability:

§ 560:3-203. Priority among persons seeking appointment as personal
representative.

(a) Whether the proceedings are formal or informal, persons who are not
disqualified have priority for appointment in the following order:

(1) The person with priority as determined by a probated will including
a person nominated by a power conferred in a will;

(2) The surviving spouse or reciprocal beneficiary of the decedent who
is a devisee of the decedent;

(3) Other devisees of the decedent;

(4) The surviving spouse or reciprocal beneficiary of the decedent;

(5) Other heirs of the decedent; and

(6) Forty-five days after the death of the decedent, any creditor.

(b) An objection to an appointment can be made only in formal
proceedings. In case of objection the priorities stated in subsection (a)
apply except that:

(1) If the estate appears to be more than adequate to meet exemptions
and costs of administration but inadequate to discharge anticipated
unsecured claims, the court, on petition of creditors, may appoint any
qualified person;

(2) In case of objection to appointment of a person other than one
whose priority is determined by will by an heir or devisee appearing to
have a substantial interest in the estate, the court may appoint a person
who is acceptable to heirs and devisees whose interests in the estate
appear to be worth in total more than half of the probable distributable
value, or, in default of this accord any suitable person.

(c) A person entitled to letters under subsection (a)(2) to (5) may
nominate a qualified person to act as personal representative. Any person
aged eighteen and over may renounce the person's right to nominate or to
an appointment by appropriate writing filed with the court. When two or
more persons share a priority, those of them who do not renounce shall
concur in nominating another to act for them, or in applying for
appointment.

(d) Conservators or guardians of the estates of protected persons, or
if there is no conservator, any guardian except a guardian ad litem of a
minor or incapacitated person, may exercise the same right to nominate,
to object to another's appointment, or to participate in determining the
preference of a majority in interest of the heirs and devisees that the
protected person or ward would have if qualified for appointment.

(e) Appointment of one who does not have priority, including priority
resulting from renunciation or nomination determined pursuant to this
section, may be made only in formal proceedings. Before appointing one
without priority, the court must determine that those having priority,
although given notice of the proceedings, have failed to request
appointment or to nominate another for appointment, and that
administration is necessary.

(f) No person is qualified to serve as a personal representative who
is:

(1) An individual under the age of eighteen; or

(2) A person whom the court finds unsuitable in formal proceedings.

(g) A personal representative appointed by a court of the decedent's
domicile has priority over all other persons except where the decedent's
will nominates different persons to be personal representative in this
State and in the state of domicile. The domiciliary personal
representative may nominate another, who shall have the same priority as
the domiciliary personal representative.

(h) This section governs priority for appointment of a successor
personal representative but does not apply to the selection of a special
administrator.

Rule 87. Submission to jurisdiction by non-resident personal
representative.

(a) Manner and Effect of Submission. Where an individual not a resident
of the State of Hawai'i seeks appointment as special administrator or
personal representative, the petition or application for appointment
signed by the non-resident or the acceptance of appointment shall contain
a clear and concise statement to the effect that (a) the individual fully
and freely submits to the personal jurisdiction of the courts of the
State of Hawai'i and (b) the individual fully, freely, and irrevocably
appoints the clerk of the court in the circuit in which the proceeding is
brought as the individual's agent for service of process for all purposes
related to the proceeding in the State of Hawai'i.

(b) Procedure for Substituted Service. The individual so appointed
shall keep the clerk of the court informed in writing of the individual's
mailing address at all times. A non-resident so appointed shall keep the
clerk of the court informed in writing of the non-resident's mailing
address and telephone number at all times. Before any substituted service
may be made on the clerk of the court, the party attempting service must
make, and document to the satisfaction of the clerk of the court that the
party attempting service has made, reasonable attempts at mailed or
personal service. Upon service on the clerk of the court, the sole
responsibility of the clerk of the court shall be to mail the pleadings
and papers so served, postage prepaid, to the non-resident at the last
mailing address which the non-resident shall have given the clerk of the
court.

§ 560:3-601. Qualification.

Prior to receiving letters, a personal representative shall qualify by
filing with the appointing court any required bond and a statement of
acceptance of the duties of the office.

§ 560:3-605. Demand for bond by interested person.

Any person apparently having an interest in the estate worth in excess
of $1000, or any creditor having a claim in excess of $1000, may make a
written demand that a personal representative give bond. The demand shall
be filed with the court and a copy mailed to the persona]
representative, if appointment and qualification have occurred.
Thereupon, if ordered by the court, bond is required, but the requirement
ceases if the person demanding bond ceases to be interested in the
estate, or if bond is excused as provided in section 560:3-603 or
560:3-604. After the personal representative has received notice and
until the filing of the bond or cessation of the requirement of bond, the
personal representative shall refrain from exercising any powers of the
office except as necessary to preserve the estate. Failure of the
personal representative to meet a requirement of bond by giving suitable
bond within thirty days after receipt of notice is cause of the personal
representative's removal and appointment of a successor personal
representative.

§ 560:3-611. Termination of appointment by removal; cause; procedure.

(a) A person interested in the estate may petition for removal of a
personal representative for cause at any time. Upon filing of the
petition, the court shall fix a time and place for hearing. Notice shall
be given by the petitioner to the personal representative, and to other
persons as the court may order. Except as otherwise ordered as provided in
section 560:3-607, after receipt of notice of removal proceedings, the
personal representative shall not act except to account, to correct
maladministration, or to preserve the estate. If removal is ordered, the
court also shall direct by order the disposition of the assets remaining
in the name of, or under the control of, the personal representative
being removed.

(b) Cause for removal exists when removal would be in the best
interests of the estate, or if it is shown that a personal representative
or the person seeking the personal representative's appointment
intentionally misrepresented material facts in the proceedings leading to
the appointment, or that the personal representative has disregarded an
order of the court, has become incapable of discharging the duties of the
office, or has mismanaged the estate or failed to perform any duty
pertaining to the office. Unless the decedent's will directs otherwise, a
personal representative appointed at the decedent's domicile, incident to
securing appointment of the personal representative's self or a nominee
as ancillary personal representative, may obtain removal of another who
was appointed personal representative in this State to administer local
assets.