Hawaii Probate Court

Probate involves settling a deceased person’s estate, paying off any debts, and giving their assets to their heirs. While probate laws exist across the United States, each state has the authority to set its own rules and procedures. Hawaii adopts the Uniform Probate Code (UPC), which is designed to simplify and streamline the probate process. Typically, probate in Hawaii is handled by the Circuit Court in each county rather than by a separate, dedicated probate court.

How the Probate Process Works in Hawaii

In Hawaii, the probate process begins with filing a petition in the Circuit Court of the county where the decedent lived. If a valid will exists, the court confirms it and appoints an executor (personal representative). If there is no will, the court will appoint an administrator under intestacy law.

The personal representative must notify all heirs and creditors by public or mailed notice. The executor is also responsible for preparing a list of all assets, settling any taxes and debts, and then distributing the estate according to law. Hawaii offers both informal probate (generally quicker and less expensive) and formal probate (for contested or complex estates). The probate process may take as little as six months for simple cases, while complex cases may take over a year.

What Are the Costs of Probate in Hawaii?

Probate in Hawaii comes with a few different costs, like court filing fees, publication fees, attorney’s fees, and executor compensation. The cost of filing a probate case typically ranges from $200 to $400, depending on the size of the estate. Also, attorneys may charge flat fees or by the hour, and executors are entitled to reasonable compensation. Nonetheless, smaller estates that qualify for affidavit procedures may avoid many of these costs, while larger estates may incur thousands in fees and expenses.

Types of Probate Cases in Hawaii

Hawaii offers several probate options, including the following:

• Testate Probate: This occurs when the decedent leaves a valid will.
• Intestate Probate: This applies when no will exists. The distribution of assets follows state intestacy statutes.
• Informal Probate: This is a simple legal process for uncontested cases.
• Formal Probate: A full court process is required when disputes arise or legal interpretation is needed.
• Small Estate Procedures: This process is available when personal property is valued under $100,000. This allows heirs to transfer property with an affidavit without full probate.

Hawaii Probate Court Forms and Filing Instructions

Anyone can find probate court forms on the Hawaii State Judiciary website. The most common filings are for matters like informal probate, small estate affidavits, inventories, and petitions for distribution. Since procedures may vary slightly by county, petitioners should check with the local Circuit Court Clerk before filing a petition.

How Hawaii Probate Courts Work at the County Level

In Hawaii, probate cases are heard in the Circuit Courts. While each court follows statewide statutes, it manages its docket and filing processes. The following are the major Circuit Courts in the state:

• Honolulu (Oʻahu) – First Circuit Court: Covering Honolulu County, this court provides the most extensive online access and handles the largest number of probate cases.
• Hawaiʻi County – Third Circuit Court (Hilo & Kona): This court hears all probate matters filed on the Big Island and also provides bilingual services.
• Maui County – Second Circuit Court (Wailuku): This court has jurisdiction over the islands of Maui, Molokaʻi, and Lānaʻi. Additionally, it offers simplified small estate resources.
• Kauaʻi County – Fifth Circuit Court (Līhuʻe): Although it has the smallest caseload of all circuit courts, this court still offers in-person services to petitioners.

How to Search Probate Records in Hawaii

Unless sealed, probate records in Hawaii are generally accessible to the public. These include records such as wills, petitions, inventories, creditor claims, and final distributions. Moreover, probate records may be accessed through the Hawaii Judiciary’s eCourt Kokua system if a record seeker can provide the case number or party name. Nevertheless, interested parties may obtain certified copies from the relevant Circuit Court Clerk for a nominal fee.