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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.
As a result of the court proceeding, the court will issue ?Letters Testamentary? or ?Letters of Administration? (if no will). These ?Letters? allow the personal representative to find, secure and manage assets during the probate process.
Under Hawaii inheritance law, if you die with children but no surviving spouse, your children inherit everything. If you die with a surviving spouse and children with that spouse, your spouse inherits your entire intestate estate and your children get nothing.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b) Judgment.
A written summary of a judgment which states how much money the losing party owes to the person who won the lawsuit (judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing party (judgment debtor) must obey, which abstract is acknowledged and ...
To use the small estate process: Prepare a Small Estate Affidavit and have it notarized. Obtain possession of estate assets by presenting the affidavit to current custodians (this affidavit cannot be used to collect real estate) Settle the estate in the normal way (pay debts, distribute remaining assets)
Fortunately, there are ways to avoid probate in Hawaii. Establish a Revocable Living Trust. Ensure your beneficiary designations are up to date, and that you have contingent beneficiaries in place. Title property with Joint Ownership. Gift property while you are alive.