When an individual passes away, their property must be legally transferred to their heirs; this is a legal process known as probate. In some circumstances, the process can be relatively simple, but it can also take several months and consume a significant portion of the estate. Understanding the details of probate law can help you avoid confusion and costly mistakes.

Answers to Common Questions About Probate

What If My Family Member Died Before Writing a Will?

If the deceased prepared an estate plan, the probate court will distribute their assets according to the instructions in their will. However, if they died intestate, without preparing a will, their belongings will be given to their immediate family members according to a formula described in state law.

What Happens When No Executor Is Named?

If your loved one neglected to name an executor, or the chosen individual is unavailable, the court will choose a family member or beneficiary to guide the estate through probate. In addition to inventorying the decedent’s belongings, the beneficiary is also responsible for distributing assets and ensuring all remaining debts are settled.

Is Probate Always Required?

The rules determining whether probate is necessary vary from state to state. Like many other jurisdictions, Hawaii allows executors to bypass the formal probate process if the gross value of the state is less than $100,000. An attorney can help decide whether you qualify for informal probate and guide you through the process of claiming your family member’s assets with affidavits.

How Can a Probate Attorney Help?

A probate attorney is empowered to act on your behalf, appearing at court hearings, inventorying assets, and ensuring paperwork is submitted on time. If a dispute regarding the decedent’s will arises, they will also represent your interests and work to achieve a speedy resolution.

The legal team at Ng & Niebling have been serving the Honolulu community for over 40 years, providing high-quality legal advice in every aspect of estate and probate law. Their clients rely on their expertise in a wide range of circumstances, from drafting a will to guiding estates of loved ones through the legal process. To learn more about their services and schedule your initial consultation, call their offices at (808) 732-7788 or visit the law firm online.