Disclaimer: This information is for educational purposes and does not constitute legal advice.
Understanding Jurisdiction in Hawaii Probate
In Hawaii, the circuit court has exclusive jurisdiction over probate matters. You must file in the circuit court of the decedent’s county of residence. See Haw. Rev. Stat. §560-1-301.
Step 1: Identify and Catalog All Assets
Compile a list of assets by location: real estate, bank accounts, investments, personal property, and digital assets. Note the county within Hawaii or the out-of-state jurisdiction for each item.
Step 2: Open a Central Probate in the Decedent’s Home County
File a petition for probate under Haw. Rev. Stat. §560-3-101 in the circuit court where the decedent lived. The court appoints a personal representative. This appointment covers all assets located within Hawaii, including those in other counties.
Step 3: Manage In-State Assets Across Counties
Hawaii permits a single probate to administer real property and personal property statewide. The personal representative can collect, manage, and distribute all in-state assets without separate filings in each county.
Step 4: Handle Out-of-State Assets Through Ancillary Administration
For real property or assets located outside Hawaii, you must open a secondary proceeding—ancillary probate—in each jurisdiction. Contact the local court to file an ancillary petition. You may serve as ancillary personal representative or appoint a local agent.
Step 5: Consider Simplified Procedures for Small Estates
If the decedent’s personal property totals less than $100,000 and there is no real property, you may use Hawaii’s small estate affidavit under Haw. Rev. Stat. §560-3-702. This process avoids full probate.
Step 6: Coordinate Duties and Reporting
The personal representative must inventory assets, pay debts, file tax returns, and distribute property according to the will or state law. Provide status reports and accountings to the court as required.
References
Helpful Hints
- Work with a probate attorney licensed in each relevant jurisdiction.
- Keep clear records of all asset valuations and communications.
- Notify creditors and publish notices as required by law.
- Consider an international specialist if assets exist overseas.
- Review the will early to detect jurisdictional restrictions.