Probate Attorney Hawaii – Services & Process

Probate is a court process of gaining legal authority to access and collect a deceased person's assets. The appointed Personal Representative, after identifying and gathering assets, may pay the decedent's necessary debts and taxes, and thereafter distribute any remaining property to the proper beneficiaries of the estate pursuant to Hawaii probate law.

Whether your loved one had a Last Will and Testament (testate) or passed away without one (intestate), it may be necessary to have a Personal Representative appointed through the Hawaii probate process to handle the estate settlement. Our goal is to make this complex legal journey as smooth and stress-free as possible for your family.

As your Hawaii probate attorney, KPRESS Law guides families through this process on Oahu, Maui, Kauai, and the Big Island.

You typically need probate in Hawaii if the deceased person owned real estate in their own name or had over $100,000 in personal assets without named beneficiaries.

The answer in most cases is YES if:

• Decedent owned any percentage of interest in real property located in Hawaiʻi at the time of passing.
• The total cumulative value of accounts in decedent's individual name exceeds $100,000, and the accounts do not have a beneficiary designation.
• Decedent owned a life insurance policy or retirement account and there is no beneficiary designation, or all of the named beneficiaries are deceased.

Probate administration is required when assets are frozen or title cannot be transferred. Common triggers of a probate requirement are a deceased person's ownership as follows:

1) decedent's ownership of any interest in real property located in Hawaii (which would exclude any interest in real property that is owned as joint tenants and the other joint tenants, or at least one joint tenant is surviving);

2) decedent was domiciled in Hawaii and decedent owned accounts, such as bank accounts, in decedent's individual name, the cumulative value of which exceeds $100,000, and which do not have a beneficiary designation; and

3) decedent was domiciled in Hawaii and ownership of an annuity or retirement account without a surviving beneficiary designation, and these accounts, together with any accounts described in #2 above, exceed $100,000 in value.

Not necessarily. A trust only avoids probate if the assets were correctly titled in the name of the trust before death. If a property or account was left in the individual's name, probate may still be required.

Although a decedent completed estate planning, even advanced estate planning, part of which included a revocable living trust or other type of trust, the creation of the trust itself during the estate planning process itself is insufficient to avoid probate of an asset whose title was left unchanged during the deceased person's lifetime. If title to decedent's real estate interest, account or other personal property interest was not changed to the name of decedent's trust, the interest may be subject to probate. Often, it is only when access to the deceased person's account is attempted, or when a real estate interest is being sold, that the legal issue of title is realized.

At that point, escrow or the financial institution will require you to seek legal advice from a probate lawyer regarding what is needed to gain the legal authority necessary for handling the asset or interest still titled in the decedent's individual name (and not the decedent's revocable living trust or other trust).

No, a Will does not avoid probate.In fact, a Will is a set of instructions for the probate court. Probate is required to validate the Will and authorize the distribution of assets.

If a deceased person's estate has a legal issue that requires a probate,

a probate IS required, even if the decedent has done some estate planning and executed a Last Will and Testament. Probate laws and probate courts in fact exist primarily to determine whether

1) a decedent's Will was validly executed under Hawaii law,

2) the Will reflects decedent's intent, and

3) verifies that the person seeking appointment as personal representative or executor of the estate is proper.

Yes, the original Will is required. Submitting a copy is complicated and costly, typically requiring a formal hearing.

If the decedent executed a Last Will and Testament, it needs to be submitted to the probate court. If the ORIGINAL signed Will cannot be located, it is possible to submit a copy of the Will, but submitting a copy of the Will requires a formal probate proceeding in Hawaii, which essentially means that a court hearing is necessary. A formal probate, as discussed immediately below, is more time consuming and costly.

Therefore, it is best for family members or loved ones to educate each other on where estate planning documents are located, and designate a safe place or safety deposit box for the storage of the original Will.

Informal probate is a streamlined process that does not require court hearings. It is faster and less expensive, ideal for estates where heirs are in agreement and no disputes exist.

Certain probate administrations may be done via the informal probate process in Hawaii.

During this process, a court proceeding is not required. Therefore, it is possible that a personal representative may be granted powers to act on behalf of the decedent's estate much sooner than in a formal probate proceeding. Generally speaking, the informal proceeding is possible and appropriate in situations where the relationships between the family members and all other heirs or devisees are harmonious, and all agree to the personal representative seeking appointment as such.

The upside of an informal proceeding is that powers of a personal representative may be granted very quickly in contrast to a formal proceeding. Downside of an informal proceeding is that there is no adjudication of any matters in the informal proceeding, so matters within the informal proceeding could be contested and superseded by initiation of a formal probate. The informal process, then, is most appropriate in amicable, non-contested situations, where all parties are well-known and communicative with each other.

As Personal Representative, you are responsible for inventorying assets, paying valid debts and taxes, and distributing the remaining property to heirs.

A need for probate usually arises in connection with a legal issue encountered when attempting to sell a real estate interest or upon attempting to gain access to accounts or other property of a deceased person. After contacting a probate attorney, filing of probate documents, and successful appointment, the personal representative must inventory, secure and gain access to all real estate interest(s), accounts, and personal property of the decedent. Once access is obtained and any pressing legal issue dealt with, the probate lawyer can help facilitate further estate administration.

During the estate administration, the personal representative or executor is responsible for proper and prompt payment to all creditors, as well as taking steps to limit the creditors' claim period where appropriate via publication of notice to creditors. Payment will be made from the probate estate, and if estate funds are not enough to pay all creditors in full, proper allocation per Hawaii statute must be made. It is necessary to ensure that the decedent's final federal and state income taxes are timely paid and all tax returns are promptly filed.

A review of decedent's stored documents and personal belongings may uncover a necessity to file prior un-filed income tax returns and pay any taxes due. Also, if the value of decedent's estate is at or near the applicable lifetime estate tax exemption amount, a computation of whether any estate taxes are owed, and determination of whether an estate tax return filing is necessary for decedent's estate, to either report the estate tax owed or to port any unused lifetime estate tax exemption amount to a surviving spouse. As your probate lawyer, KPRESS Law will keep you mindful of the due date or dates for prompt filing of all tax returns and any other necessary filings.

After all costs of the estate, including any federal and state income taxes due, and any other liability of the decedent is satisfied, the personal representative can then work to toward distribution of the remaining estate assets, but if the date of the creditor claim period has not yet closed, the personal representative must be cautious about any distributions or face potential liability. The law office of KPRESS Law will help the personal representative navigate through the Hawaii probate process and applicable probate law, as well as provide all other legal services necessary for comprehensive and efficient estate administration.

Yes, in most cases. You do not need to live in Hawaii to serve. KPRESS Law helps clients on the mainland or abroad manage Hawaii probate cases remotely.

KPRESS Law can assist mainland clients, and in most cases clients in foreign countries who need a probate of their loved one's property, whether in Honolulu, Hawaii or elsewhere on Oahu, or in any of the counties of Hawaii, Kauai, or Maui. Every person dealing with the death of a loved one is different with varying experience, mind set, and current emotional state. KPRESS Law therefore aims to provide each client with the support and guidance each particular client needs to properly navigate through their probate case. KPRESS Law believes attorneys can add value to their service by close contact with each client and striving to alleviate the stress that the death of a loved one may cause.

Probate fees vary, but KPRESS Law offers Flat Fees.Unlike many firms that charge hourly or a percentage of the estate, we provide a clear flat fee based on complexity.

In Hawaii, probate lawyers differ in fees charged for handling a probate case based on each law offices' standard procedures.

Some law offices and probate laws in other jurisdictions charge attorney fees based on the value of the assets and/or funds in the probate estate. KPRESS Law, however, will generally charge a flat fee, regardless of the value of the probate estate assets and funds available.

The flat fee will be based on the complexity of the probate case, and the estimated time and effort it will take to complete your probate case, such as whether a formal or informal proceeding can be commenced, and the number of heirs or parties that need to be noticed per Hawaii statute. Costs, such as the initial probate court filing fee, any necessary title search and recording fees, and fee for publication if a notice to creditors and/or hearing is published, will be requested up front.

Your fees and costs should be estimated during the free initial consultation, or soon thereafter upon collection of the necessary information regarding the decedent, the decedent's family, heirs and/or devisees, and the probate estate. Additional fees are uncommon, but may be charged in the event of unexpected complications in your case. The KPRESS Law office is run completely remotely in Honolulu HI, utilizing technology to its upmost to keep costs reasonable for Honolulu clients, as well as clients residing in any part of the world.

A probate attorney in Hawaii guides you through the court process, ensures compliance with Hawaii probate law, handles filings, represents you before the probate court, and helps distribute assets to beneficiaries. KPRESS Law offers flat-fee probate services, a free consultation, and serves all Hawaii islands.

Probate law governs the legal process of administering a deceased person's estate. It includes validating wills, appointing personal representatives, inventorying assets, paying debts and taxes, and distributing property to heirs. Hawaii probate law follows state statutes and court rules.

The best probate lawyer combines experience in probate law, clear communication, transparent fees, and a focus on probate cases. KPRESS Law is among the best probate attorneys in Hawaii because we specialize exclusively in probate, offer flat fees, and provide personalized support across all islands.