Disclaimer: This article is for informational purposes and not legal advice.
Detailed Answer
In Hawaii, a valid will generally must be in writing, signed by the testator, and witnessed by two disinterested parties (HRS §560:2-502). However, if a will lacks proper witnesses or notarization, you may still seek probate by demonstrating the decedents intent under the Uniform Probate Code (UPC) as adopted in Hawaii.
Key Statutes
- HRS §560:2-503 (Substantial Compliance): Permits probate of a writing not executed in strict compliance if clear and convincing evidence shows the testators intent.
- HRS §560:3-301 (Informal Probate of Will Not Properly Executed): Allows the court to admit a noncompliant will upon proof of due execution.
Probate Steps
- Gather Documents: Obtain the original will, death certificate, and a list of beneficiaries and heirs.
- Draft a Petition: File a Petition for Probate of Will (HRS §560:3-301) in the circuit court of the decedents last residence.
- Provide Notice: Serve notice on all interested parties per HRS §560:3-302. This includes heirs at law and named beneficiaries.
- Proof of Intent: Submit evidence—affidavits from witnesses, drafts, letters, or electronic records—that the decedent intended the document as a will.
- Court Hearing: Attend a probate hearing. The judge will evaluate whether clear and convincing evidence satisfies UPC §2-503 and HRS §560:3-301.
- Letters Testamentary: If admitted, the court issues Letters Testamentary to the personal representative so they can distribute assets.
Helpful Hints
- Collect communications (emails, texts) discussing the wills terms to establish intent under HRS §560:2-503.
- Locate any handwritten signatures or marginal notes by the decedent; these may support a holographic element.
- Ask eyewitnesses to sign affidavits confirming the testators capacity and understanding at signing.
- File promptly—Hawaii law requires probate within three years of death to avoid asset escheat.
- Consult court clerks for local filing fees and procedural forms.
- Consider legal counsel if beneficiaries contest validity or if assets exceed small-estate thresholds.