How to Apply for Probate (HI)

Updated Mar 3, 2025

Show Table of Contents Applying for probate

One of the early steps in settling most estates is to apply for "probate" (i.e., ask the court for permission to legally represent and administer the estate, ultimately distributing its contents to the rightful recipients).

For non-lawyers, this step can seem a little daunting: for one thing, it occurs at the beginning, when you are just figuring things out, and for another, instructions and rules can be scattered all over the place.

Don't worry: we'll make everything understandable, and give you the estate-specific guidance you need.

Types of Probate

Almost every state offers multiple types of probate, ranging from simplified processes for small estates, to formal, closely supervised probate for complex or problematic estates, to standard probate for typical estates (with a number of states offering even further variations).

Small: In most states, the small estate process actually bypasses court entirely, and is thus not technically "probate" at all (see small estate process for HI rules and instructions).
Formal: If you need a formal, closely supervised variant of probate, it likely means that there is conflict expected, and thus you should almost certainly retain a lawyer, who can handle preparing your application.
Standard: The most common form of probate in HI is known as "informal" probate, and is the focus of the application instructions below.

HI Application Process

There are several steps you must take to obtain the court's permission to represent and manage a HI estate.

Probate Application: In Hawaii, if the estate will go through probate, start by submitting an application to the court: see application details ↧
- Submit an Application for Informal Probate if there is a will; otherwise submit an Application for Informal Appointment. Hawaii does not make probate forms available: see HI Rev Stat § 560:3-301 for application requirements.
- If there is a will, but you do not have a "self-proving affidavit" signed by the witnesses to the will, it may simplify the process if you can include a notarized statement from someone with knowledge of the circumstances of the signing, stating that the decedent was of sound mind and not under duress (HI Rev Stat § 560:3-303).
- If there is no will, or the will does not name you as first choice among executors (still living), it can be helpful to attach a notarized Renunciation letter from each person with equal or higher priority than yours, stating that he or she supports your petition, and renounces any right to serve as personal representative.
- If you do not reside in HI, you must appoint the court clerk to serve as your communications agent (see Task: Out-of-state executor).
- Attach an official copy of the death certificate and the original will (if there is one).
- In general, you have up to 5 years from the death to start probate (see HI Rev Stat § 560:3-303).
Notice of Probate: In Hawaii, if the estate will undergo probate, you must provide notice to anyone who will inherit from the will (if there is a will), and to anyone who would inherit if there were no will (even if there is a will). If you are not related to the decedent, you must provide written notice about your probate hearing at least 14 days beforehand (see HI Rev Stat § 560:3-302). Regardless of your relationship to the decedent, within 30 days after your appointment, you must provide written notice of the probate, including a copy of your application and the will (if there is one). See HI Rev Stat § 560:3-306 for important details.
Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

In Hawaii, the local Circuit Court handles wills and estate probate.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in HI for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.