Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When someone dies in Hawaii, estate administration begins by gathering certain documents and certificates. These items verify the decedent’s identity, assets, and legal wishes. Collecting them early streamlines the probate process under Hawaii law.
Original Will or Trust Documents
Locate the decedent’s original last will and testament. If the decedent established a trust, find the trust agreement. Submit the will to the probate court when you file a petition for probate. See HRS §560:3-102 for requirements on admitting a will.
Certified Death Certificate
Obtain multiple certified copies of the death certificate from the Hawaii Department of Health. You must file a certified copy with the probate court and provide copies to banks, government agencies, and title companies. Probate rules reference the death certificate in HRS §560:3-201.
Asset and Liability Records
Gather documentation for all known assets and debts. Common items include bank statements, brokerage account statements, real estate deeds, vehicle titles, life insurance policies, retirement account statements, and creditor statements. This information helps prepare the inventory and appraisement required by HRS §560:3-302.
Affidavits for Small Estates
If the estate qualifies as a small estate (value under $100,000), you may use a small estate affidavit instead of full probate. Review the requirements in HRS §560:3-505. Prepare the affidavit and attach asset schedules and death certificate copies.
Tax and Fiduciary Forms
Collect federal estate tax forms (IRS Form 706) if the estate exceeds the federal threshold. Also gather state tax clearance forms from the Hawaii Department of Taxation if required. Fiduciary income tax returns (IRS Form 1041) may be necessary if the estate generates taxable income.
Helpful Hints
- Request multiple certified death certificates early to avoid delays with banks and title companies.
- Store originals and certified copies securely; courts require originals when filing.
- Maintain a master checklist of assets and contacts for financial institutions.
- Keep detailed notes on where you obtained each document and the date you received it.
- Consult a probate attorney for complex estates or unusual assets to ensure compliance with Hawaii law.