Detailed Answer — How to present an original will to probate court in Hawaii from another state

If a decedent who lived in Hawaii left an original will and you live out of state, you can still submit that original will to the appropriate Hawaii probate court. Hawaii uses a version of the Uniform Probate Code found in the Hawaii Revised Statutes (see Chapter 560). For official text, see the Hawaii Legislature’s statutes: HRS Chapter 560 (Uniform Probate Code), and for court procedures and forms see the Hawaii State Judiciary’s probate pages at courts.state.hi.us – Probate.

Follow these practical steps to submit the original will from out of state:

1. Identify the correct Hawaii probate court. Probate is handled in the circuit court for the county where the decedent had their domicile (permanent home) in Hawaii. If you are unsure which county, contact the Hawaii State Judiciary probate self-help page above or call the clerk’s office for guidance.
2. Gather required documents before sending anything. Typical documents the court will want include:
   • Original will (the signed original document).
   • Certified copy of the decedent’s death certificate.
   • A petition for probate (or application to admit a will) naming the proposed personal representative/executor.
   • An affidavit or statement by the person presenting the will identifying how they obtained the will and confirming whether they believe it is the decedent’s last will.
3. Contact the clerk first — confirm filing practices and fees. Procedures vary by county. Ask whether the court accepts mailed filings, whether the original must be brought in person, how to pay the filing fee, and what forms the clerk requires. Many Hawaii circuit courts accept mailed filings and provide guidance on payment methods.
4. Decide whether to hire a local Hawaii attorney or use the clerk’s office. An attorney in Hawaii can prepare the petition, ensure the filing is correct, represent the estate in court, and arrange for safe delivery and return of the original will. If you proceed without an attorney, the clerk’s office can usually explain filing steps but cannot give legal advice.
5. Prepare a clear cover letter and supporting materials. If you mail the original will, include:
   • Your contact information and relationship to the decedent.
   • Reason you are submitting the will (e.g., petition for probate).
   • A request for return of the original document after filing (if you want it returned) and a self-addressed stamped envelope for return, if desired and accepted by the clerk.
   • Payment for filing fees or instructions for fee payment.
6. Use secure shipping and keep records. Ship the original via insured, trackable mail (e.g., certified mail, courier with insurance). Keep copies and tracking numbers. Note the date you shipped and retain receipts.
7. If the original cannot be located or cannot be sent, ask about alternatives. Hawaii law and court rules address what happens if the original will is lost, destroyed, or cannot be produced. Courts can sometimes admit a copy with credible proof of contents and circumstances under which the original was lost or destroyed. Ask the clerk or an attorney about evidentiary requirements under the Uniform Probate Code in Hawaii.
8. After filing: request certified copies of probated documents. Once the court admits the will and issues Letters of Administration or Letters Testamentary, request certified copies of those documents and of the will if you need them for third parties (banks, real property records, etc.).

Special procedural notes under Hawaii practice:

• Hawaii follows the Uniform Probate Code framework (see HRS Chapter 560). That chapter governs petitions, admission of wills, and appointment of personal representatives.
• The Hawaii State Judiciary provides probate forms and local filing instructions; call the relevant circuit court clerk for county-specific practices: Hawaii Judiciary — Probate Self-Help.
• If witnesses to the will live out of state, their availability and affidavits may be important. If witnesses cannot appear, the court may require extra proof of authenticity.

Because procedures and evidence requirements can affect whether a will is admitted, many out-of-state submitters find it efficient to retain a Hawaii probate attorney to file and represent the estate in court, especially if the estate is substantial or contested.

Helpful Hints

• Call the probate clerk before you send anything. Clerks can confirm fees, acceptable payment methods, and whether mailed filings are allowed.
• Use insured, trackable shipping and keep digital and paper copies of everything you send.
• Include a signed affidavit describing how you came into possession of the original will and where it was found.
• Provide a certified death certificate — most courts will not accept a probate petition without it.
• If you need the original will returned, enclose a prepaid, trackable return mailer and clearly label it. Confirm with the clerk whether returns are allowed and how long originals will be retained.
• Consider getting local counsel for complex situations: contested wills, missing originals, or multiple jurisdictions with competing claims.
• Ask the clerk how to obtain certified copies after probate; certified copies are what banks and title companies typically require.
• If witnesses live outside Hawaii, document their contact info and whether they can provide sworn statements or affidavits to help authenticate the will.