Hawaii Probate Testate Sample Case 2

One of the most common questions associated with settling a deceased person's estate is How long does it take to probate a will? The answer depends on a variety of factors, but in general, probate could take anywhere from a few months to more than a year (or even years).

There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.

Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .

Register the death. Find out if there's a will. Apply for a grant of probate and sort inheritance tax. Complete a probate application form. Complete an inheritance tax form. Send your application form. Tell all organisations and close accounts. Pay off any debts.

If the estate is simple, consisting perhaps of one parcel of real estate and one or two bank accounts, and if the client assists actively in the case, the probate generally costs between $3,500 and $6,000.

A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

Hawaii has a simplified probate process for small estates. To use it, an inheritor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

If the deceased left no valid will, and therefore has failed to designate his or her personal representative, a personal representative (called an administrator) is appointed by the Probate Office or the Register of Wills office having jurisdiction over the decedent's estate.

There are no federal probate laws. 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.