Hawaii Probate



  • Informal Proceedings
  • Formal Proceedings
  • Contested Issues
  • Sales of Real Property in Probate
When a loved one passes away owning real property or significant personal property in their name only, a Hawaii probate proceeding may have to be initiated before the beneficiaries take their inheritance and the estate is settled.

Probate is a court process that determines how an estate will be administered for the purposes of satisfying all creditors and providing an orderly distribution of assets to the stated or intended beneficiaries.

If the deceased person had executed a Last Will & Testament prior to their passing, then the probate court may follow the terms and wishes states in that legal document, but only after all creditor claims and disputes are settled. On the other hand, if the deceased person did not have a valid Last Will & Testament, then the court follows a set order of priority for estate beneficiaries, based on statutory law called the Hawaii Probate Code. In all respects, the court supervises the administrative process and attorneys are usually always involved.

Probate proceedings can be very complicated and time-consuming. They require attention to detail and following specific steps required by the courts. Macanas Estate & Elder Law represents Hawaii estates and those appointed in handling the probate administration process (called personal representatives). If you have lost a loved one, we can assist you with the legal requirements of administering the estate in the State of Hawaii. We will make sure that all expenses, taxes, and claims are paid and that the provisions of the Last Will & Testament, if any, are followed properly, according to Hawaii probate law.