In Hawaii,
there are six different types of probate administration:
1. Collection by Affidavit. This is the
simplest of the various probate administrations, but is only
available where the value of the decedent’s gross estate
does not exceed $100,000 and does not consist of any real
property
2.
Small
Estates Administration. A relatively simple process of
transferring the decedent’s assets to his or her heirs or
beneficiaries, the Small Estates Administration is available
where the value of the decedent’s gross estate does not
exceed $100,000, regardless of whether or not the decedent’s
estate consists of real property.
3.
Special
Administration. This administration allows the appointment
of a “Special Administrator” to serve in the capacity of a
personal representative temporarily until a general personal
representative is appointed.
4.
Informal
Proceedings. A close family member of a decedent may apply
for appointment as the decedent’s personal representative.
The application is made to a “registrar,” not the court, and
can be approved without advance notice of the proceeding.
Most probate proceedings can be commenced informally.
5.
Formal
Proceedings. A formal proceeding requires the court to
determine whether or not the decedent left a valid will
and/or to appoint the appropriate personal representative.
Formal proceedings generally require advance notice of the
proceedings and a hearing.
6.
Supervised
Administration. This type of probate administration is
conducted under the continuing supervision of the court.
This court oversight often results in an extended,
time-consuming, and expensive probate administration.
Fortunately, very few cases require supervised
administration.