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ESTATE PLANNING & PROBATE

 

Types of Probate in Hawaii  

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.

 

 



 


 
 
 
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