Detailed Answer: Obtaining and Submitting an Original Will or Filed Copy During Probate in Hawaii
Disclaimer: This blog is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Where to Find the Original Will
After death, the original will often stays with the decedent’s attorney, among personal papers, or may already be on file with the probate court. Under Hawaii law, anyone holding the decedent’s will must deliver it to the Circuit Court in the decedent’s county of residence. See HRS §560:3-502 (https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-3-502.htm).
Obtaining a Filed Copy from the Probate Court
- Identify the correct court: Locate the Circuit Court in the county where the decedent lived at death.
- Submit a written request: Include the decedent’s full name, date of death, and case or file number if known.
- Pay certified copy fees: Hawaii courts charge a fee under HRS §607-14 (https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0601-0652/HRS0607/HRS_0607-14.htm).
- Receive your copy: The court clerk will issue a certified filed copy in person or by mail.
Submitting the Original Will to Initiate Probate
- Prepare a probate petition: Attach the original will and include a death certificate and beneficiary information.
- File with the clerk: Deliver the petition and original will to the clerk’s office—either in person or by certified mail.
- Pay filing fees: Check the court’s website for current probate filing fees.
- Serve interested parties: Follow Hawaii Probate Rules to notify heirs and beneficiaries within the required timelines.
Timelines and Important Deadlines
Hawaii does not set a strict filing deadline for a will, but delays can complicate administration. Late service or notice can lead to contested proceedings or additional costs. Review HRS Chapter 560 for detailed timing requirements.
Helpful Hints
- Search the decedent’s personal files and attorney’s office before contacting the court.
- Verify court hours, accepted payment methods, and fee schedules online.
- Order extra certified copies to avoid repeat requests.
- Use certified mail with tracking for proof of delivery.
- If disputes arise over the will’s validity, consider consulting a probate attorney promptly.