Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney.
Detailed Answer
In Hawaii, each county’s Probate Division holds estate files for decedents whose last residence was in that county. To obtain copies of those court records, you must submit a formal request to the appropriate Probate Division clerk. Practically speaking, you will need the following information:
- Decedent’s Full Legal Name: Provide the name exactly as it appears on the probate petition or will. This ensures the clerk locates the correct file.
- Date of Death: List the decedent’s date of death. This narrows your search, especially when multiple files exist with similar names.
- Probate Case Number (if known): If you have the docket or case number, include it. This speeds up the retrieval process. If you don’t know it, the clerk can perform a name-and-date search.
- County of Filing: Identify which county’s Probate Division handled the estate (Honolulu, Hawaii, Maui, or Kauai). Each county maintains its own records.
- Specific Documents Requested: Specify which documents you need—examples include the petition for probate, letters testamentary or of administration, the will, inventories, accountings, or final orders.
- Requester’s Contact Information: Include your full name, mailing address, telephone number, and email address so the clerk can notify you when your request is complete or if additional fees apply.
- Proof of Identity or Authority (if required): While many probate records are public under Hawaii Revised Statutes §560:2, some documents may be sealed or restricted. Be prepared to show you have a valid interest or authority, such as being an heir or having a court order.
Under Hawaii Revised Statutes §560:2, probate proceedings are generally public records unless sealed by court order. You may cite this statute when requesting access:
HRS §560:2.
Once you complete your request, the clerk will calculate copying or certification fees. If you’re unsure which county handled the estate, you can contact the Probate Division in the circuit courts for Honolulu, Hilo, Wailuku, or Lihue.
Helpful Hints
- Check the Hawaii State Judiciary website for probate forms and fee schedules before you visit: https://www.courts.state.hi.us/probate/.
- If you lack the case number, provide as many details as possible (middle name, alternate spellings, approximate filing year).
- Call ahead to confirm office hours and whether you must submit your request in person, by mail, or via email.
- Ask about expedited processing if you have an urgent need, such as settling real-property transactions.
- Keep a copy of your request and any payment receipts for your records in case of follow-up.