How Can Someone Determine if a Probate Estate Has Been Opened for a Decedent in HI?
Disclaimer: This article provides general information about Hawaii probate procedures and is not legal advice. Consult a qualified attorney for guidance. Detailed Answer 1. Understand the Probate Filing Process in Hawaii In Hawaii, a probate estate begins when an interested person files a petition for probate in the Circuit Court of the county where the […]
Read article →What documentation is required to apply for letters of administration in Hawaii?
Detailed Answer What Are Letters of Administration? Letters of administration are court-issued documents that authorize an individual (the administrator) to collect, manage, and distribute the assets of someone who died without a valid will. In Hawaii, these letters ensure the estate is settled under Hawaii Revised Statutes (HRS) Chapter 560. When You Need Letters of […]
Read article →What information is needed to request estate files from a county probate division in Hawaii?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney. Detailed Answer In Hawaii, each county’s Probate Division holds estate files for decedents whose last residence was in that county. To obtain copies of those court records, you must submit a […]
Read article →What Steps Are Needed to Include Real Property into an Estate in Hawaii? – HI
Detailed Answer When a property owner dies in Hawaii, their real property passes to heirs or beneficiaries through probate or by operation of law. To include real property in the estate successfully, follow these main steps under Hawaii law: 1. Identify Ownership Type First, review the deed to determine if the decedent held the property […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in Hawaii?
Detailed Answer Under Hawaii law, you must serve process in compliance with the Hawaii Rules of Civil Procedure (HRCP) and the Hawaii Revised Statutes (HRS). When a defendant is a minor or an adult under court-appointed guardianship, you must notify both the individual and their parent, guardian, or legal representative. This ensures due process and […]
Read article →How to Transfer an Out-of-State Property Interest in HI When All Heirs Agree and No Ancillary Probate Is Needed
Transferring a property interest located outside Hawaii can be streamlined when all heirs agree and formal ancillary probate in the other state is not required. Follow the steps below to complete the transfer under Hawaii law and general guidelines for the out-of-state jurisdiction. Disclaimer: This article is for educational purposes only and does not constitute […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in HI
Disclaimer: This article does not provide legal advice. It is for informational purposes only. Detailed Answer In Hawaii, you can use a court-ordered subpoena under the Hawaii Rules of Civil Procedure (HRCP) Rule 45 to obtain estate records in a probate or related civil proceeding. The process involves four key steps: preparing the subpoena, filing […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Hawaii?
Detailed Answer When a decedent’s real property is sold as part of probate in Hawaii, heirs must sign several authorization forms to instruct the personal representative to distribute the sale proceeds. Below are the primary documents: Waiver of Notice and Consent to Appointment and Administration: Under HRS §560:3-302 (link), an heir can waive formal probate […]
Read article →How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation Established by a Relative in Hawaii
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation Established by a Relative in Hawaii Detailed Answer When a person dies, their estate includes all assets owned in their individual name at the date of death. In contrast, a corporation owns its own assets separate from the individuals […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
Detailed Answer Understanding Surplus Funds in Hawaii Surplus funds arise when a foreclosed property sale or court-approved sale of an estate yields an amount above liens, costs, and debts. Under Hawaii law, former spouses and survivors may claim these funds but must follow court procedures to establish entitlement. Asserting a Claim After Divorce When a […]
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