Probate in Hawaii | HI Legal Resources | FastCounsel

How Does an Executor Obtain an EIN for a Hawaii Estate?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a person passes away in Hawaii, the appointed executor (also known as the personal representative) must obtain an Employer Identification Number (EIN). An EIN is a federal tax ID assigned by the Internal Revenue Service (IRS). Estates use […]

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What is the difference between informal and formal probate in Hawaii?

Understanding Informal vs. Formal Probate in Hawaii Detailed Answer Probate is the legal process for administering a decedent’s estate under Hawaii law. Chapter 560 of the Hawaii Revised Statutes (HRS) divides probate into two pathways: informal probate and formal probate. Choosing the right path depends on the size of the estate, complexity of assets, and […]

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Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate? – HI

Disclaimer: This information is for educational purposes and not legal advice. Detailed Answer Under Hawaii’s Uniform Probate Code (HRS Chapter 560), a surviving spouse and minor children may elect to take a year’s allowance in lieu of certain distributions. The statute requires the personal representative to set aside personal property assets up to a statutory […]

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How to Request and Schedule a Probate Hearing When None Is Set in Hawaii

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer 1. Initiate the Probate Case by Filing a Petition In Hawaii, probate proceedings begin when an interested person files a petition with the circuit court in the county where the […]

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How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Hawaii

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In Hawaii probate proceedings, you must formally serve court orders on all interested parties to ensure due process and move your case forward. Hawaii’s Probate Code and rules outline methods, […]

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How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in HI

How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance tailored to your situation. 1. Detailed Answer When you hire an attorney to handle probate in Hawaii, the initial representation […]

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May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? (HI)

Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Hawaii for advice tailored to your situation. Detailed Answer Under Hawaii law, an interested person may ask the probate court to remove an estate administrator who refuses to carry out their duties. An administrator—also called a […]

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Do I Need to Open an Estate to Pursue a Wrongful Death Involving a Car Accident in HI?

Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your case. Detailed Answer Under Hawaii law, only a personal representative of the deceased’s estate can file a wrongful death claim. See HRS §663-1. Hawaii Revised Statutes (HRS) §663-3 authorizes the probate court to appoint a […]

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How do I apply for letters of administration and what AOC forms are required in HI?

Detailed Answer When someone dies without a will in Hawaii (intestate), you must obtain letters of administration to appoint a personal representative. Under Hawaii law, intestate succession is governed by HRS §560:3-201 (link), and the court’s power to issue letters appears in HRS §560:3-301 (link). Step 1: Determine Eligibility Under HRS §560:2-602 (link), priority goes […]

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How do I distribute wrongful death proceeds to rightful heirs in Hawaii?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer to Distributing Wrongful Death Proceeds in Hawaii Under Hawaii law, a wrongful death action seeks financial recovery on behalf of the victim’s heirs. The court or the appointed personal […]

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