Hawaii Probate Law and How It Works
Understanding the Process of Settling an Estate in the Aloha State
Many people in Hawaii are surprised to learn that, after a loved one passes, there is often a legal procedure called probate to finalize the deceased person’s affairs. Whether the estate is large or small, probate ensures that debts are paid and remaining assets go to the rightful heirs. If you’re in this situation, here’s a concise look at what probate involves, why it might take time, and how you could access inheritance funds sooner if you need them right away.
What Is Probate?
Probate is a court-supervised method for confirming that a will (if one exists) is valid, cataloging all assets in someone’s estate, and handling outstanding bills or taxes. Once these requirements are met, any property left is distributed to heirs. Even when there’s no will, the Hawaii probate process still applies; in that instance, the court follows state laws (known as intestate succession) to guide distribution.
Timeframe
In Hawaii, probate can last anywhere from six to twelve months—or even years for large or contested estates. During that period, heirs often cannot claim or use estate assets until the court grants permission.
Must All Estates Go Through Probate?
Many estates do require probate, but there are exceptions. If the estate’s total value is under a certain limit ($100,000 for personal property and $50,000 for real estate), or if the deceased person left non-probate assets (like a life insurance policy naming specific beneficiaries or a living trust), you might bypass some or all of the court’s formalities. This can shorten or skip probate, depending on the assets involved.
Which Assets Typically Pass Through Probate?
- Sole Ownership: Bank accounts, homes, or vehicles owned solely by the decedent.
- Tenancy-in-Common Property: Real estate partially owned by the decedent, without the “right of survivorship.”
- Business Interests: Stakes in corporations or partnerships that do not specify an automatic transfer upon death.
- Investments: Stocks, bonds, or mutual funds held in the decedent’s name alone.
On the other hand, assets with direct beneficiaries (like life insurance policies, IRAs, or joint accounts) typically skip probate.
The Probate Process in Hawaii: Main Steps
- Opening the Estate
A family member or the named executor files a petition with the probate court, submitting the will if it exists. - Notifying Interested Parties
All heirs, beneficiaries, and creditors get notified. Creditors generally have up to four months to present claims. - Inventory and Appraisal
The executor lists all items in the estate and values them, sometimes hiring appraisers to assist. - Paying Debts and Taxes
Valid claims, such as credit card bills or final taxes, must be paid before heirs receive anything. - Distributing Remaining Assets
Once debts are handled, leftover property goes to heirs based on the will or, if no will exists, Hawaii’s intestate laws. - Closing the Estate
Finally, the court approves the executor’s actions and ends the probate case.
If There’s No Will
Dying without a will is called “dying intestate.” In that case, a probate court in Hawaii distributes property by a set hierarchy: typically a spouse first, then children, then parents, and so forth. Though these rules aim to be fair, they might not reflect personal wishes as well as a valid will would.
The Executor’s Role
When someone creates a will, they usually name an executor (also called a personal representative). If no one is named, the court designates an administrator. This person:
- Collects and safeguards the decedent’s property
- Notifies heirs and creditors
- Pays off debts and taxes
- Distributes remaining assets
- Provides the court with necessary paperwork before probate wraps up
It can be a big responsibility, so many executors seek assistance from probate attorneys, especially with complex estates.
How Much Does Probate Cost?
Fees differ based on how involved the process becomes. Courts charge filing fees, and the estate covers necessary expenses like legal help, appraisals, or accounting. Executors also may earn “reasonable” compensation from estate funds, though they can choose to waive it. In more intricate scenarios—like contested wills or multi-state properties—costs and timelines can rise sharply.
Accessing Funds Before Probate Ends
Waiting out probate can be financially tough, particularly if you need to pay funeral bills, mortgage costs, or other expenses. Rockpoint Probate Funding can give you a head start by offering a probate cash advance if you qualify. You could receive your inheritance portion in as little as one day, without going through credit checks or paying back anything if your inheritance doesn’t materialize.
Contact Rockpoint Probate Funding
For details on whether this might suit you, call (888) 263-8588. The money can cover living costs, tuition, or even help keep the family home in good shape while probate concludes. Knowing there’s an option to get funds early can lift financial pressure during an already challenging time.
Connect, Apply, Get Approved
Our Easy 3-Step Process
Apply Online or Call Us
Start by filling out our simple application form or give us a call.
We Review Your Case
Our team will quickly review your probate documents and provide you with an offer.
Receive Your Funds
Once approved, you can get your cash as soon as today!
Empower Your Case with Immediate Funding!
Customer Reviews
"Simply the best in professionalism and friendliness. Always ready to help! Thanks you all for helping us out in our time of great need!"
- David L.
"It was quick & easy! if you are in a hardship like was, then please give them a try. You will not be disappointed with their friendly services & prompt responses. "
- Margaret P.
"Very efficient and technologically current with reasonable terms. "
- Sarah W.
"I have used Rockpoint twice and both times I dealt with professional customer service that was very fast and efficient! They are very informative on the process and they guide you with ease from start to finish. If you are going through some tough times or last-minute emergencies and are awaiting a settlement, I definitely recommend Rockpoint for all your financial needs!"
- Michael B.
"My business with Rockpoint was seamless, easy quick and quite helpful. They helped me out in a spot of dire need. I couldn't suggest their service with anything but the heighest regard."
- Emily J.
"Simply the best in professionalism and friendliness. Always ready to help! Thanks you all for helping us out in our time of great need!"
- David L.
"It was quick & easy! if you are in a hardship like was, then please give them a try. You will not be disappointed with their friendly services & prompt responses. "
- Margaret P.
"Very efficient and technologically current with reasonable terms. "
- Sarah W.
"I have used Rockpoint twice and both times I dealt with professional customer service that was very fast and efficient! They are very informative on the process and they guide you with ease from start to finish. If you are going through some tough times or last-minute emergencies and are awaiting a settlement, I definitely recommend Rockpoint for all your financial needs!"
- Michael B.
"My business with Rockpoint was seamless, easy quick and quite helpful. They helped me out in a spot of dire need. I couldn't suggest their service with anything but the heighest regard."
- Emily J.
"Simply the best in professionalism and friendliness. Always ready to help! Thanks you all for helping us out in our time of great need!"
- David L.
"It was quick & easy! if you are in a hardship like was, then please give them a try. You will not be disappointed with their friendly services & prompt responses. "
- Margaret P.
"Very efficient and technologically current with reasonable terms. "
- Sarah W.
"I have used Rockpoint twice and both times I dealt with professional customer service that was very fast and efficient! They are very informative on the process and they guide you with ease from start to finish. If you are going through some tough times or last-minute emergencies and are awaiting a settlement, I definitely recommend Rockpoint for all your financial needs!"
- Michael B.
"My business with Rockpoint was seamless, easy quick and quite helpful. They helped me out in a spot of dire need. I couldn't suggest their service with anything but the heighest regard."
- Emily J.
"Simply the best in professionalism and friendliness. Always ready to help! Thanks you all for helping us out in our time of great need!"
- David L.
"It was quick & easy! if you are in a hardship like was, then please give them a try. You will not be disappointed with their friendly services & prompt responses. "
- Margaret P.
"Very efficient and technologically current with reasonable terms. "
- Sarah W.
"I have used Rockpoint twice and both times I dealt with professional customer service that was very fast and efficient! They are very informative on the process and they guide you with ease from start to finish. If you are going through some tough times or last-minute emergencies and are awaiting a settlement, I definitely recommend Rockpoint for all your financial needs!"
- Michael B.
"My business with Rockpoint was seamless, easy quick and quite helpful. They helped me out in a spot of dire need. I couldn't suggest their service with anything but the heighest regard."
- Emily J.
"Simply the best in professionalism and friendliness. Always ready to help! Thanks you all for helping us out in our time of great need!"
- David L.
"It was quick & easy! if you are in a hardship like was, then please give them a try. You will not be disappointed with their friendly services & prompt responses. "
- Margaret P.
"Very efficient and technologically current with reasonable terms. "
- Sarah W.
"I have used Rockpoint twice and both times I dealt with professional customer service that was very fast and efficient! They are very informative on the process and they guide you with ease from start to finish. If you are going through some tough times or last-minute emergencies and are awaiting a settlement, I definitely recommend Rockpoint for all your financial needs!"
- Michael B.
"My business with Rockpoint was seamless, easy quick and quite helpful. They helped me out in a spot of dire need. I couldn't suggest their service with anything but the heighest regard."
- Emily J.
Empowering Heirs & Beneficiaries
No Win, No Repayment
With our non-recourse funding, if you don't settle or win your case, you owe us nothing. Our lien does not need to be repaid unless you succeed.
No need to wait for months or years
Rockpoint Probate's legal funding lets you unlock your inheritance without having to wait for the conclusion of your case.
Collaborative Approach
We work closely with you to ensure funding is processed promptly and seamlessly, without interfering with your case.
Rockpoint Probate Benefits
Reliable Support
Have a question? Our customer service representatives are available Monday – Friday, 9:00 am – 5:00 pm, Pacific time. Call us at (888) 706-6614.
Direct Funding, No Brokerage Fees
Rockpoint Probate is not a broker. Dealing directly with us means no brokerage fees, more competitive rates, less paperwork, and quicker processing times.
Fast Approval and Funding
Once approved, we coordinate contract signing between Rockpoint and the heir. If cut-off times are met, funds can be sent the same day.