Whether someone passes away with or without a will, their estate may be subject to probate, which can be a confusing process for their loved ones. The wills and estates attorneys at Ng & Niebling in Honolulu are devoted to providing sound advice and strong, compassionate representation to give individuals peace of mind. Here, they explain how probate works in Hawaii.

Basic Options for Probate in Hawaii

1. No Real Estate

When someone passes away, does not own any real estate, and has personal property worth less than $100,000, their estate can avoid probate. A personal representative can collect assets to close out the estate with an affidavit that a wills and estates attorney prepares.    

2. Real Estate & Assets Total $100,000 or Less

The estate of someone who passes away owning real estate must go through probate unless the decedent executed a Transfer on Death Deed, but it may qualify as a small estate if the total estate is worth $100,000 or less. The Circuit Court’s Small Estate Division handles these estates for a charge of 3% of the asset value plus court fees. Private attorneys also handle these cases.

3. Informal Ordinary Probate

Informal probate is a fast, inexpensive process because all the beneficiaries agree on everything.  Although many of the same court documents must be filed, no court hearings are required which can significant reduce the costs and time of a probate.

4. Formal Unsupervised Probate  

A formal proceeding, generally require when an original will cannot be located or a dispute is involved, requires a judge to hold one or more court hearings to resolve. This process takes longer and is more expensive than informal probate.

5. Supervised Ordinary Probate

One or more significant contested issues requires a judge to supervise the entire case. It may take years and numerous court appearances to reach a final resolution, which makes this the most expensive probate process.

At Ng & Niebling, the wills and estates attorneys are skilled and dedicated to helping individuals decide how to structure their estates. They focus on your goals and offer advice to reduce taxes, provide for loved ones, and minimize the possibility of probate disputes. Call (808) 732-7788 to schedule a consultation appointment or contact the firm online today.