ProbateUS
Probate Court

Hawaii County

Hawaii

808-961-7440

Court Location & Contact

Address

777 Kilauea Avenue, Hilo, HI 96720-4212

Visit Official Court Website

Filing Fees

Hawaii County, Hawaii

Fee TypeAmount
Petition for Probate

Probate Guide

Probate in Hawaii County, Hawaii

The Hawaii County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Hawaii County, HI, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Hawaii, the probate court in each county oversees this process.

When Is Probate Required in Hawaii?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Hawaii's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Hawaii County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Hawaii County Probate Court to open probate

  3. Notify heirs and creditors as required by Hawaii law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Hawaii, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Hawaii does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Hawaii County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Hawaii County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Circuit Court of the Third Circuit has jurisdiction over probate matters in Hawaii County. The Third Circuit has three locations: Hilo, Kona, and Waimea. The courthouse in Hilo is located at Hale Kaulike.

Office Hours

Monday-Friday7:45 AM - 4:30 PM

FAQ

Where do I file for probate in Hawaii County, HI?

Probate petitions for estates in Hawaii County are filed at the Hawaii County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Hawaii County?

Probate filing fees in Hawaii County, Hawaii vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Hawaii?

Probate in Hawaii typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Hawaii County?

While not always legally required in Hawaii, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Hawaii, their assets are distributed according to state intestacy laws. The Hawaii County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Hawaii

Alex Edrenkin

PacLaw Group

Honolulu

Estate PlanningTrust & Probate Law

Andrew George Burnett

Einwechter & Hyatt LLP

Haleiwa

Estate PlanningTrust & Probate Law

Colin Goo

Law Offices of Colin K.K. Goo

Honolulu

Curtis Yuen

Law Offices of Curtis B. K. Yuen, A Law Corporation

Honolulu

Daniel Vermillion

Cades Schutte LLP

Honolulu

General Trust & EstateTransfer Planning+1
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