Understanding The Probate Process In Hawaii: 8 Things You Need To Know

What is Probate?

Probate in Hawaii is the legal process of settling a deceased person’s estate, ensuring debts are paid, and assets are distributed according to the will or, if no will exists, Hawaii’s intestacy laws.

Where is Probate Handled in Hawaii?

Probate in Hawaii is handled by the Probate Court of the Circuit Court located in the judicial circuit where the deceased resided at the time of death. There are four judicial circuits in Hawaii.

Key Steps in the Probate Process in Hawaii

1. File the Will: The executor named in the will must file it with the Probate Court. If no will exists, someone must apply to be appointed as the estate’s personal representative.
2. Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including property, bank accounts, and personal belongings, and provide a valuation to the court.
3. Notify Creditors: Creditors must be notified directly, and a public notice must be published in a local newspaper to alert any unknown creditors. Creditors typically have four months to file claims.
4. Pay Debts and Taxes: The estate must settle any debts and pay final taxes, including state and federal taxes if applicable.
5. Distribute Assets: Once debts and taxes are paid, the remaining assets are distributed to the heirs or beneficiaries as outlined in the will or, if no will exists, according to Hawaii’s intestacy laws.

When Is Probate Required in Hawaii?

In Hawaii, probate is required when the deceased owns assets solely in their name without a joint owner or beneficiary designation. Probate is necessary to legally transfer these assets to heirs or beneficiaries.

Types of Probate in Hawaii

1. Informal Probate: A simplified process used when there are no disputes and the estate is straightforward. The court is minimally involved.
2. Formal Probate: Required for larger or more complex estates, or when disputes arise. The court plays a more active role in supervising the process.
3. Small Estate: For estates valued at less than $100,000, a simplified affidavit process can be used to avoid formal probate.

Avoiding Probate in Hawaii

Certain assets in Hawaii can bypass probate, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets placed in a living trust.

How Long Does Probate Take in Hawaii?

Probate in Hawaii generally takes between six months and a year, depending on the size and complexity of the estate. Larger estates or those with disputes may take longer.

Common Terms in the Probate Process in Hawaii

• Affidavit of Collection: A legal document used to claim small estates without going through formal probate.
• Intestate: Dying without a valid will.
• Letters Testamentary/Letters of Administration: Court-issued documents giving the personal representative the authority to manage the estate.
• Personal Representative: The individual responsible for administering the estate, also known as the executor or administrator.