Understanding Probate in Hawaiʻi
A Step-by-Step Overview of the Probate Process — and How to Avoid It
Probate is the legal process through which a person’s estate is administered after their death. In Hawaiʻi, this process ensures that debts are paid and assets are properly distributed to heirs or beneficiaries. While probate is sometimes necessary, it can also be time-consuming and expensive. With proper planning, it’s often possible to minimize or even avoid probate altogether.
What Is Probate?
When someone passes away owning assets solely in their name, the court oversees the transfer of those assets to the rightful beneficiaries. The process typically involves:
Filing a Petition – A family member, executor, or interested party files a petition with the Probate Court in the Circuit Court of the county where the decedent lived.
Appointment of a Personal Representative – The court appoints someone to handle the estate’s affairs, often called the executor or personal representative.
Inventory and Appraisal – The personal representative identifies, values, and reports all of the deceased person’s assets.
Payment of Debts and Taxes – Valid debts, taxes, and final expenses must be paid before distributions can be made.
Distribution of Assets – Once the court approves, remaining assets are distributed to heirs or beneficiaries according to the will — or, if there is no will, Hawaiʻi’s intestate succession laws.
How Long Does Probate Take?
In Hawaiʻi, even a simple probate case can take six months to a year to complete. More complex estates, disputes, or tax issues can extend the process significantly.
Costs of Probate
Probate expenses can include:
Court filing fees
Attorney fees
Appraisal and accounting costs
Personal representative commissions
These costs are typically paid from the estate, reducing the total amount passed to heirs.
How to Avoid Probate in Hawaiʻi
Fortunately, there are several strategies to help your estate avoid or minimize probate:
Create a Revocable Living Trust – Assets properly titled in a trust can be transferred without court involvement.
Use Joint Ownership with Right of Survivorship – Property passes directly to the surviving owner.
Name Beneficiaries – Retirement accounts, life insurance, and payable-on-death bank accounts can bypass probate if beneficiary designations are up to date.
Make Lifetime Gifts – Giving assets during your lifetime can reduce the size of your probate estate.
Why Avoid Probate?
Avoiding probate means:
Your estate remains private (probate records are public)
Your family gains quicker access to assets
You reduce costs and court delays
You ensure smoother administration for loved ones
Get Expert Guidance
At Sterling & Tucker, we help Hawaiʻi families design estate plans that protect assets, avoid unnecessary court proceedings, and bring peace of mind. Whether you’re just starting your estate plan or need help navigating an ongoing probate, our attorneys can guide you every step of the way.