Circuit Court of the Second Circuit Guide

Not a court proceeding and nothing is filed with the circuit court. A successor presents an affidavit and a death certificate to whoever holds the decedent's personal property, and the holder pays, delivers or re-registers it. It is available where the gross value of the decedent's estate in Hawaii does not exceed $100,000 and no application or petition to appoint a personal representative is pending or has been granted in Hawaii. Motor vehicles registered in the decedent's name may be transferred this way regardless of value. The statute sets no waiting period. It cannot transfer real property.

• The gross value of the decedent's estate in Hawaii does not exceed $100,000; motor vehicles registered in the decedent's name may be transferred regardless of value.
• No application or petition for appointment of a personal representative is pending or has been granted in Hawaii.
• The claimed successor is entitled to the property, or the Department of Human Services has a claim under HRS § 346-15 or § 346-37.
• A death certificate for the decedent is presented with the affidavit.

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The Department of Human Services' own affidavit 'shall have priority over any other claim presented pursuant to this section', and whoever receives property stays answerable to a later personal representative or anyone with a better right (HRS § 560:3-1202). Hawaii real property is not excluded from the $100,000 measure, but this affidavit cannot pass it; the clerk-administered route of HRS § 560:3-1205 or an ordinary probate can.

Runs inside an estate that is already open. Once a personal representative is appointed and the inventory shows the estate fits the test, the personal representative may distribute without notice to creditors and close by a verified statement under HRS § 560:3-1204. Whether an estate qualifies cannot be computed from its value alone.

• An appointed personal representative.
• An inventory and appraisal showing the test is met.
• A verified closing statement sent to distributees and known unpaid claimants.

Qualifies:

No dollar figure. The estate, less liens and encumbrances, must not exceed the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

Litigation before the Circuit Court of the Second Circuit to determine whether the decedent left a valid will, begun by a petition asking the court, after notice and hearing, to probate a will, to set aside or prevent an informal probate, or to declare the decedent died intestate (HRS § 560:3-401).

• A petition by an interested person.
• Notice and a hearing.
• Commenced within five years of the death unless an HRS § 560:3-108 exception applies.

Qualifies:

No dollar threshold.

Filing fee:

$215

source

Attorney:

not required by law, though many families use one

The clerk of the Circuit Court of the Second Circuit acts as personal representative. On the verified petition of the clerk or any interested person, the court may authorize the clerk to administer an estate whose property in Hawaii totals $100,000 or less where no personal representative has been appointed in Hawaii, and the order may be made without notice or hearing. Unlike the affidavit, this route can reach real property.

• Property in Hawaii of a total value not exceeding $100,000.
• No personal representative appointed in Hawaii.
• A verified petition by the clerk or an interested person.

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

Unlike the affidavit, this route can reach real property because the clerk acts as personal representative.

The ordinary uncontested route. A verified application goes to the REGISTRAR of the Circuit Court of the Second Circuit, not to a hearing before a judge. The registrar is a judge or a person, including the clerk, designated by written court order (HRS § 560:1-307). Applications must be made within five years of the death unless an HRS § 560:3-108 exception applies.

• A verified application with the contents HRS § 560:3-301 requires.
• The original will, where one is offered.
• At least 120 hours have passed since the death.

Qualifies:

No dollar threshold.

Filing fee:

$215

source

Attorney:

not required by law, though many families use one

Within thirty days after an informal probate is granted, the applicant must send written information about it to the heirs and devisees (§ 560:3-306(c)), and within thirty days after appointment the personal representative must inform them of the appointment (§ 560:3-705).

'A single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court' (HRS § 560:3-501).

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one