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Hawaii Probate Forms Manual, 4th Edition 2014 Table of Contents TABLE OF CONTENTS Introduction .
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5-4b FAQ
An interested person may seek appointment of a special administrator where necessary to preserve the estate or to secure its proper administration, including but not limited to situations where: All petitions seeking the appointment of a special administrator shall set forth the grounds for seeking the appointment.
Hawaii probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
73. A proceeding to determine the heirs of an individual without probate and further administration may be brought where at least five years have passed since the date of the individual's death.
Rule 56 - Summary Judgment (a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all “personal property” owned in his or her name alone is worth more than $100,000.
How Long Do You Have to File Probate After a Death in Hawaii? Hawaii statutes allow up to five year for probate to be filed after a person's death. However, it is prudent to file as soon as possible to ensure all assets are maintained and all debts are paid.
If a beneficiary of an estate dies after the deceased but prior to the commencement of the proceeding, the petition shall identify such beneficiary's estate, or the successor beneficiary, as the case may be, as the appropriate party and shall notify such beneficiary's personal representative, if any.
In Hawaii, if a person dies owning real estate in their own name or if the total value of personal property is worth more than $100,000, their estate must be probated. In other states that threshold may be lower.
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