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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.
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.
Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. Probate proceedings typically focus on the existence, authenticity, and validity of a will. Probate can be initiated with or without a will.
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.
In Hawaii, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
The petitioner shall serve notice on all known living heirs at law of the deceased and shall publish notice once a week for three consecutive weeks in a newspaper of general circulation in the circuit where the property is located, with the last date of publication no later than ten days prior to the date of the ...
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.