Probate in Hawaii | HI Legal Resources | FastCounsel

How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Hawaii

Disclaimer: This information is for educational purposes and does not constitute legal advice. Understanding Jurisdiction in Hawaii Probate In Hawaii, the circuit court has exclusive jurisdiction over probate matters. You must file in the circuit court of the decedent’s county of residence. See Haw. Rev. Stat. §560-1-301. Step 1: Identify and Catalog All Assets Compile […]

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What Documents Are Needed to Complete a Small Estate Affidavit for Estate Assets in Hawaii

Detailed Answer Under Hawaii law, individuals may use a small estate affidavit to transfer certain personal property if the gross value of the decedent’s personal property in this State does not exceed $20,000. For the exact threshold, see HRS §560:3-1202. A properly prepared affidavit lets heirs collect assets such as bank accounts, vehicle titles, and […]

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How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit in Hawaii

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance on your specific situation. Detailed Answer In Hawaii, the small estate affidavit process lets you collect and distribute a decedent’s personal property without formal probate when the estate’s total personal assets do not […]

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How to Manage and Prioritize Creditor Claims During Estate Administration in Hawaii

Detailed Answer When you administer an estate in Hawaii, you must identify creditors, notify them, review their claims, and pay them in the order set by law. The personal representative handles these tasks under the Hawaii Probate Code (Title 560, HRS). 1. Notify Creditors The personal representative must send written notice to known creditors and […]

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How to initiate the sale of estate property to satisfy creditor claims in Hawaii

Detailed Answer When a decedent’s estate cannot cover valid creditor claims with available cash, the personal representative may petition Hawaii’s circuit court to sell estate property. Under Hawaii law, follow these key steps: Open Probate and Appoint a Personal Representative File a petition under HRS §560:2-201 to admit the will (if any) and appoint a […]

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What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in HI?

Options for Selling or Auctioning Personal Property in Hawaii Estates When a personal representative handles an estate in Hawaii, they may need to sell personal property to pay expenses and equalize inheritances. The Uniform Probate Code, as adopted in Hawaii, grants specific powers and procedures for this process. Detailed Answer Authority of the Personal Representative […]

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How is the fair market value of personal property calculated in a probate case in Hawaii?

Detailed Answer Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney in Hawaii for guidance on your specific situation. 1. What Is Fair Market Value? Under Hawaii law, “fair market value” means the price at which property would change hands between a willing buyer and […]

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How Do I Determine Ownership When My Deceased Parent Is the Only Name Listed on the Deed? – HI

Detailed Answer In Hawaii, if your deceased parent is the only name on a property deed, ownership doesn’t automatically transfer to children. You must follow statutory procedures under the Hawaii Revised Statutes (HRS) to establish clear title. Below are the key steps. Review the Deed’s Ownership TypeThe recorded deed shows whether your parent held sole […]

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How can an administrator locate and verify potential heirs when only limited information is available? (HI)

Detailed Answer When an estate administrator in Hawaii has limited information about potential heirs, thorough research and adherence to Hawaii probate law ensures you identify and verify all rightful beneficiaries. Follow these steps to fulfill your duties under Hawaii Revised Statutes (HRS) Chapter 560. Understand Hawaii’s Intestate Succession Rules Under HRS §560:2-101, intestate property passes […]

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What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Hawaii Probate?

Hawaii Notice Requirements for Creditor Notification in Hawaii Probate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Overview of Probate Notification When a personal representative (executor or administrator) opens a probate estate in Hawaii, they must notify all creditors so claims can be filed or barred. […]

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