Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Hawaii law, venue for opening or transferring a decedent’s estate follows the rules in HRS §560:1-102. Venue determines which circuit court will oversee probate or summary administration.
- Residence at Death: If the decedent had a primary residence in Hawaii at the time of death, file in that circuit.
- Real Property Only: If the decedent owned only real property in Hawaii, file in the circuit where the real property is located.
- Personal Property Only: If the decedent owned only personal property in Hawaii, file in the circuit where any of that property is located.
- No Property in State: If the decedent had neither real nor personal property in Hawaii, you may file in any circuit.
Example: Jane Doe lived on Oahu (First Circuit) and owned an aloha shirt collection stored in Hilo (Third Circuit). You may open her estate in either the First or Third Circuit. If she owned a condo on Maui (Second Circuit) but no personal property on island, you must file in the Second Circuit because it holds her real property.
For streamlined cases that qualify for summary administration, the same venue rules apply under HRS §560:3-102. Ancillary probate for a nonresident decedent follows venue for real or personal property in Hawaii.
Transferring Venue (Change of Venue)
If you filed in the wrong circuit or find an undue inconvenience, you may request a transfer under HRS §560:1-109. The petition must state facts showing proper venue and include a sworn declaration. The court will grant transfer if it finds the new venue proper and convenient.
Helpful Hints
- Confirm the decedent’s last residence by reviewing driver’s license records or utility bills.
- Conduct a property search to identify real and personal assets in each circuit.
- Use the statutory citations above when drafting your petition to show you understand venue rules.
- File your venue motion promptly if you discover the estate was opened in the wrong circuit.
- Consult local court rules for filing fees and required forms in each circuit.