Detailed answer

This answer describes how Hawaii law decides which probate court should open a decedent’s estate when the person had connections to more than one state. It assumes the reader starts with no prior legal knowledge.

Under Hawaii law, the primary factor that determines where to open probate is the decedent’s domicile at the time of death. Domicile means the place the person considered their permanent home and intended to return to—even if they were physically in another state when they died. Hawaii follows the Uniform Probate Code structure (see Hawaii Revised Statutes, Chapter 560), which makes domicile a key criterion for where a personal representative is appointed and where the main probate administration occurs. For the current text of Hawaii statutes, see the Hawaii Revised Statutes index: HRS Chapter 560 (Uniform Probate Code).

Basic rules under Hawaii practice (general principles you can use right away):

• Primary probate jurisdiction: The probate proceeding for the decedent’s estate is typically opened in the state of the decedent’s domicile at death. If the decedent was domiciled in Hawaii, the Hawaii probate court is the place to open the main administration.
• Ancillary probate: If the decedent was domiciled outside Hawaii but owned real property or other assets located in Hawaii, an ancillary probate (a secondary probate proceeding) may be needed in Hawaii to transfer those Hawaii-situs assets. Conversely, if the decedent was domiciled in Hawaii but owned property in another state, ancillary probate may be needed in that other state.
• Real property rule: Real estate is generally governed by the law of the state where the land is located (the situs), so title to Hawaii real property usually requires action in Hawaii courts regardless of domicile.
• Non-probate transfers: Many assets pass outside probate—examples include jointly owned property with rights of survivorship, accounts with beneficiary designations, and transfer-on-death arrangements. Those do not require opening a full probate if the non‑probate mechanism properly transfers ownership.

Practical application: before opening any proceeding, you should determine three facts:

1. Where the decedent was domiciled (their permanent home and intent).
2. What assets exist and where each asset is located or registered (real estate, bank accounts, retirement accounts, vehicles, brokerage accounts, life insurance, etc.).
3. Whether a valid will exists and where it is located.

If the decedent’s domicile was in Hawaii, open probate in Hawaii. If the domicile was in another state, open probate in that state for the main administration and consider ancillary probate in Hawaii for Hawaii-situs assets.

Where to find Hawaii procedural guidance: the Hawaii court system provides information for estate administration and self-help resources. For statute-level rules on probate administration and ancillary administration see the Hawaii Revised Statutes, Chapter 560: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/. For practical court procedures and forms, consult the Hawaii Judiciary self-help pages: https://www.courts.state.hi.us.

Common scenarios and next steps

• Decedent domiciled in Hawaii: Open probate in Hawaii. Gather the original will (if any), death certificate, asset list, and creditor information; file the appropriate petition with the Hawaii probate court.
• Decedent domiciled elsewhere but owned Hawaii real estate: The estate representative appointed in the decedent’s domicile usually opens an ancillary proceeding in Hawaii to clear title and transfer the Hawaii real estate.
• Assets only outside Hawaii and no Hawaii-situs property: You generally do not need to open a Hawaii probate proceeding unless a Hawaii court appoints a representative for ancillary purposes or a creditor/purchaser requires a Hawaii order.
• Small estates: Many states (including Hawaii) offer simplified or summary procedures for small estates or for transfer of personal property without full probate. Whether those procedures apply depends on statute thresholds and the types of assets involved—check Hawaii rules or ask an attorney.

Timing, costs, and who to consult

Probate timing varies by complexity and whether ancillary proceedings are required. Opening probate in multiple states increases cost and time. If you face assets in more than one state, consult attorneys in the decedent’s domicile state and in Hawaii to coordinate primary and ancillary administration and to minimize duplication and expense.

Helpful hints

• Locate the original will and multiple certified copies of the death certificate early—courts and banks usually require certified copies.
• Determine domicile by looking at where the decedent voted, paid taxes, owned a home, had driver’s license and where they intended to make a permanent home. Domicile facts matter more than the place of death.
• Inventory all assets and note the jurisdiction where each asset is located or registered (real estate state, bank account state, vehicle title state, brokerage account state, retirement/pension plan state). This inventory drives where proceedings must be opened.
• Check for beneficiary designations and joint ownership. These can allow assets to pass without probate if they are up-to-date and valid.
• Ask whether a small‑estate procedure or an informal probate administration can be used to avoid a full probate. Hawaii law and local court rules may allow simplified procedures for certain estate sizes and asset types.
• Consider opening the primary probate in the decedent’s domicile state first; the appointed personal representative often handles ancillary filings in other states.
• Contact the Hawaii Bureau of Conveyances if there is Hawaii real property to determine whether title transfer steps are needed in Hawaii.
• Hire or consult with an attorney licensed in the relevant state(s) to avoid mistakes that cause delay or extra cost. If you have assets in multiple states, coordinate counsel across those states.