Probate in Hawaii | HI Legal Resources | FastCounsel

Who Pays Mortgages and Utilities During Probate in Hawaii?

Overview This article explains what typically happens to mortgage payments and utility accounts while a decedent's estate is going through probate in Hawaii. It is written for people with no legal background and uses plain language. This is general information only and not legal advice. Consult a licensed Hawaii attorney about your specific situation. Detailed […]

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Hawaii: How to Decide Which Assets to List on a Small Estate Affidavit

Detailed Answer: Deciding Which Assets to List on a Hawaii Small Estate Affidavit Short answer: List the specific probate assets you are seeking to collect through the small estate affidavit. Do not list assets that pass outside probate (for example, assets with named beneficiaries, joint accounts with rights of survivorship, trust assets, or certain real […]

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How to Open an Estate in Hawaii When a Sibling Dies Without a Will

Detailed Answer Short answer: Under Hawaii law, if your sibling died without a will (intestate), you generally must open a probate administration in the circuit court where the decedent lived to transfer title to their house unless the estate qualifies for a simplified small‑estate procedure. The process identifies heirs, appoints a personal representative, gathers assets, […]

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Hawaii: Including Right-of-Survivorship Assets in a Probate Inventory

Detailed Answer In Hawaii, property that passes by right of survivorship generally transfers outside of probate. That means assets owned as joint tenants with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, most life insurance policies, and retirement accounts with named beneficiaries typically pass directly to the surviving owner or beneficiary and do not […]

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How to Find a Missing Parent During Probate in Hawaii

Locating a Missing Next-of-Kin During Probate in Hawaii — FAQ Answer Detailed answer If you are a close relative trying to settle an estate in Hawaii and a parent (or other heir) cannot be located, you can still move the probate process forward. Hawaii courts expect personal representatives (and petitioners) to make reasonable efforts to […]

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How to Confirm Bank Account Balances for Hawaii’s $20,000 Small Estate Process

Detailed Answer This explains how to determine whether a decedent’s bank accounts (and other personal property) fall under Hawaii’s $20,000 small estate threshold so you can use the simplified small‑estate process. This is general information only and not legal advice. If you need help applying these steps to your situation, consider contacting a Hawaii probate […]

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Using a Small‑Estate Process in Hawaii to Claim a Deceased Parent’s Bank Account

How to Use a Small-Estates Process in Hawaii to Claim a Deceased Parent’s Bank Account This FAQ-style article explains how a surviving child can use Hawaii’s simplified probate procedures to access a deceased parent’s bank account. The goal is to explain practical steps, likely documents, and possible complications so you can decide whether to try […]

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Hawaii — Do I Need to File a Federal Estate/Income Tax Return for an Estate with No Distributions?

When must a personal representative file a federal tax return for an estate if no distributions were made? Short answer: Even if the estate made no distributions, you may still need to file a federal estate income tax return (Form 1041) or other federal tax forms. Filing depends on whether the estate earned taxable income […]

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How to Transfer Brokerage Account Assets Into an Estate Checking Account — Hawaii

Can a personal representative move brokerage assets into an estate checking account? Short answer: Yes — but only after you identify how the account is titled, get authority from the probate court (when required), obtain an estate Employer Identification Number (EIN), open an estate checking account, and provide the broker with the paperwork they require. […]

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How to Sell a Co-Owned Property in Hawaii to Pay Funeral and Property Tax Costs

How to sell a co-owned property in Hawaii to cover funeral and property tax expenses Disclaimer: This is educational information only and not legal advice. For legal help tailored to your situation, consult a licensed Hawaii attorney. Detailed answer — steps under Hawaii law If you and others co-own real property in Hawaii and you […]

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