What is the process for inventorying and distributing estate assets among multiple heirs in HI?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer When a person passes away in Hawaii, the court supervises the estate’s administration under the Hawaii Uniform Probate Code (Chapter 560 of the Hawaii Revised Statutes). Below is an overview of the steps your personal representative (also known as an executor […]
Read article →How do heirs locate and claim unclaimed property of a deceased relative in Hawaii?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When a person dies, financial accounts, uncashed checks or forgotten safe-deposit contents may go unclaimed. Hawaii’s Uniform Disposition of Unclaimed Property Act (HRS chapter 523A) requires custodians (banks, insurance […]
Read article →What factors influence the timeline for completing the probate process in Hawaii?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer Probate in Hawaii follows the Uniform Probate Code (HRS Chapter 560). The timeline varies based on several key factors: Notice Periods: The personal representative (PR) must publish notice to creditors […]
Read article →What are the risks of probating my father's estate without legal representation in HI?
Disclaimer: This article does not provide legal advice. It offers general information on Hawaii probate risks. Consult a qualified probate attorney for guidance on your specific situation. Detailed Answer Probating your father’s estate in Hawaii involves a formal court process governed by HRS Chapter 560. Acting as personal representative without legal representation exposes you to […]
Read article →If real property passes automatically at death vs. why do I have to probate the will in Hawaii?
Detailed Answer In Hawaii, certain real property interests pass outside probate at death, while others require probate of a will. Here’s how you can tell which process applies: Automatic Transfers by Operation of Law Joint Tenancy and Tenancy by the Entirety: Property held in joint tenancy (between two or more people) or tenancy by the […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Hawaii?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. Detailed Answer When someone dies in Hawaii, the appointed personal representative (executor or administrator) must notify creditors and manage claims under the Hawaii Probate Code (Chapter 560, Hawaii Revised Statutes). 1. Identify […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Hawaii if the Death Certificate Is Not Available?
Detailed Answer In Hawaii, when you petition the probate court to open an estate, you must file proof of the decedent’s death. Under Hawaii’s Uniform Probate Code (HRS §560:3-602), an original or certified copy of the death certificate is "prima facie evidence" of death. You generally cannot rely solely on a newspaper obituary because it […]
Read article →How do I prepare an heirship affidavit in HI?
Detailed Answer In Hawaii, an heirship affidavit for real property is not recognized in the same way as in other states. Instead, Hawaii law offers a Small Estate Affidavit under Hawaii Revised Statutes §560:3-811 (link) for transferring personal property when certain conditions are met. For real property or larger estates, you must open a probate […]
Read article →Can a Mother-in-Law Serve as Personal Representative in Hawaii?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaiʻi to discuss your specific situation. Detailed Answer When someone dies in Hawaiʻi, their estate usually goes through probate under the Hawaiʻi Probate Code (HRS Chapter 560). The person appointed by the court to manage the […]
Read article →How Can I Probate an Unwitnessed and Unnotarized Will in Hawaii?
Disclaimer: This article is for informational purposes and not legal advice. Detailed Answer In Hawaii, a valid will generally must be in writing, signed by the testator, and witnessed by two disinterested parties (HRS §560:2-502). However, if a will lacks proper witnesses or notarization, you may still seek probate by demonstrating the decedents intent under […]
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