ProbateUS
Probate Court

Hawaii County

Hawaii

808-961-7440

Court Location & Contact

Address

777 Kilauea Avenue, Hilo, HI 96720-4212

Filing Fees

Hawaii County, Hawaii

Fee TypeAmount
Petition for Probate

Probate Forms Library

49 fillable forms — scroll to browse

Hawaiʻi Bar Application instructionscountyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
Going to Probate Court?Hawaii State JudiciarystateDownload
Hawai»i Probate RulesHawaii State JudiciarystateDownload
HAWAI#I PROBATE RULESHawaii State JudiciarystateDownload
I PROBATE RULES ORDER AMENDING HAHawaii State JudiciarystateDownload

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

Closest to this court, Hawaii

Robert (Bill) Hastings

Hastings Laun & Houser LLLC

Kamuela · 33 mi

General Trust & EstateTrust and Estate Administration

Dwight Muraoka

Dwight K. Muraoka, Attorney at Law, LLLC

Wailuku · 91 mi

Jeffrey Niebling

Ng & Niebling LLLC

Honolulu · 162 mi

Stephen Yim

Law Offices of Stephen B. Yim

Honolulu · 164 mi

Thomas (Tom) Rulon

Rulon & Adamshick LLC

Kailua · 165 mi

See more attorneys near Hawaii County