Disclaimer

This is general information and not legal advice. I am not a lawyer. For legal guidance about a specific situation, consult a licensed attorney in Hawaii and, if needed, in the other state where property is located.

Detailed Answer — Step‑by‑step overview under Hawaii law

When a parent dies while resident in Hawaii, you will generally handle two parallel tasks: (A) settle the decedent’s estate in Hawaii (the decedent’s domicile) and (B) transfer any property the decedent owned in another state. The basic sequence below explains what typically must be done, with links to Hawaii resources and the common actions you will take in the other state.

1. Immediately gather key documents and records

• Death certificate (order multiple certified copies).
• Original will (if any) and any codicils.
• Bank statements, deeds, titles, insurance policies, retirement account statements, and lists of digital accounts and passwords.
• Recent mortgage statements, vehicle registration, and tax returns.

2. Identify which assets are non‑probate vs. probate

Non‑probate assets pass outside probate: jointly titled property with right of survivorship, transfer‑on‑death (TOD) or payable‑on‑death (POD) accounts, life insurance and retirement plan beneficiary designations. These usually transfer by presenting documentation to the institution.

3. Decide whether Hawaii probate is required

If most of the decedent’s property was non‑probate or if the estate is small, you may avoid formal probate. Otherwise you will open a probate (formal or summary) in the Hawaii probate court in the county where the decedent was domiciled. The Hawaii Judiciary maintains a practical probate overview here: https://www.courts.state.hi.us/self-help/family_and_probate/probate.

4. Open probate in Hawaii if required

Typical steps to open probate in Hawaii:

1. File a petition with the probate court in the appropriate county (where the decedent lived).
2. Provide the original will (if any) or state that there is no will.
3. Request issuance of letters testamentary (if there is a will naming an executor) or letters of administration (if no will or no effective executor).
4. Give required notice to heirs and creditors and publish notice if required by the court.

Hawaii’s probate law and procedures are found in the Hawaii Revised Statutes and the Hawaii Judiciary pages. A useful statutory entry point is the Hawaii Revised Statutes probate code: https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0588/HRS0560/. For court forms and local procedures, start at the Hawaii Judiciary probate pages above.

5. Inventory and value estate assets

Prepare a full inventory and values as of the date of death. The court and beneficiaries need this to determine distributions, taxes, and to assess creditor claims.

6. Pay debts, taxes, and administrative expenses

In probate, the personal representative (executor or administrator) will pay valid creditor claims, file final income tax returns, and handle any estate tax filings that may apply. Federal and state tax obligations should be reviewed with an accountant or tax attorney.

7. Distribute remaining assets under the will or Hawaii intestacy rules

If there is a will, distribute according to its terms after creditor and tax obligations are satisfied. If no will, Hawaii’s intestate succession rules determine heirs. See the Hawaii Revised Statutes probate code index above for statutory guidance and consult the court for procedures.

8. Handling property located in another state (ancillary administration)

If the decedent owned real estate, vehicles titled, or other significant assets in another state, that state may require an ancillary probate or some local procedure to transfer title. Common steps:

• Obtain certified copies of the Hawaii letters testamentary or letters of administration and the certified death certificate from Hawaii.
• Contact the probate court in the other state (or that county) to learn whether you must open an ancillary probate administration or can transfer with a small‑estate affidavit, a certified copy of the personal representative letters, or another statutory vehicle.
• File the necessary ancillary paperwork in the other state. The other state will apply its own probate rules and deadlines to the property located there.
• For real property, record whatever deed or court order the other state requires with the county recorder/registrar where the property sits.

Ancillary administration is a common practice: the decedent’s primary probate is in the domicile (Hawaii), while the ancillary or local proceeding in the other state clears title to local property so it can be conveyed.

9. Close the estate

After paying debts, taxes, resolving claims, and transferring property (including through ancillary action in the other state), file the final account and petition for discharge with the Hawaii probate court to close the estate.

Practical timeline and costs

Probate timelines vary: simple estates can wrap in a few months, complex estates or those requiring ancillary administrations can take a year or more. Expect court filing fees, publication fees, possible bond premiums, and attorney fees unless heirs handle administration pro se. The Hawaii Judiciary site lists local filing requirements and fees.

Helpful Hints

• Order several certified death certificates immediately—most institutions require them.
• Get at least one certified copy of the Hawaii letters (issued by the probate court). Other states generally require certified letters to open ancillary proceedings.
• Before opening probate, check all beneficiary designations and joint titles—many assets skip probate.
• For property in the other state, contact that state’s probate or clerk of court office early to learn local document and notarization requirements.
• If the out‑of‑state property is only small personal property, many states allow small‑estate affidavits or summary procedures—ask the local court.
• Keep careful records of all communications, notices, and distributions. That makes final accounting and closing far easier.
• Consult an attorney licensed in Hawaii for the main probate and a local attorney in the other state if you must open ancillary probate there—local counsel will know state‑specific forms and filing nuances.
• Speak with a tax professional about federal estate tax, state estate tax (if any), and final income tax returns; tax rules can affect timing and distributions.