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The duration of probate can vary significantly, and in Hawaii, it can range from a few months to over a year, depending on various factors. These include the size and complexity of the estate, whether a will exists, and how efficiently the executor or personal representative carries out their duties.
Any estate that's below a certain threshold in Hawaii can avoid probate. Even if there's no Will, a simplified probate procedure known as ?a summary probate? is possible if any estate is valued at $100,000 or less.
If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court.
In Hawaii the probate process can be either ?formal? involving court appearances, or informal, completed by filing paperwork without court appearances. Whether or not the process can occur informally vs. formally depends on many factors, and evaluation of the case will usually involve the assistance of an attorney.
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.
24. A party submitting an ex parte pleading to the court shall clearly state the relief being sought and the facts and legal basis justifying it.
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.
A Revocable Living Trust A trust can be a great mechanism to avoid probate and is the recommended method. While there are some upfront fees for creating a trust, the fees are typically much less than probate costs. Generally, you, as trustee, retain control of the assets held within the trust during your lifetime.