Before a person’s estate is distributed to heirs, their will goes through probate. Under probate law, states govern the process. If your deceased loved one was a Hawaii resident, here are answers to general questions about probate and how it works in the Aloha State.

Frequently Asked Questions About Probate Law

Why is probate needed?

The main goal of probate is to prevent fraud and deception when distributing the assets in a person’s estate. Through close supervision, the court ensures the person’s last wishes are followed and that those who have a right to the assets are identified.

What does the process entail?

When a person passes, someone is appointed by the court to administer their estate. If they left a will, the person named as the executor would make sure the last wishes of the deceased are granted. Next, the validity of the will is proven. In Hawaii, this means the testator was at least 18 years old when they wrote it and were of sound mind. The will must also include signatures from the testator and two witnesses. Once the will is proven valid, the inventory of the deceased’s property is taken and appraised. All debts attached to the estate are paid before the rest of the assets are distributed to beneficiaries.

Can a will be challenged?

Under probate law, there are situations when beneficiaries and creditors can challenge the validity of a will. In Hawaii, the court will invalidate a will if there’s proof the testator wrote it under duress. The will can also be voided if it’s discovered the testator was mentally unfit or intoxicated at the time it was written.

What if a person passed without a will?

If your loved one didn’t make a will, the laws of intestacy would go into effect. If the deceased had no descendants, their surviving spouse would inherit the entire estate. The same is true if the spouse is the parent of the descendants. If the deceased has surviving parents or children from another relationship, the surviving spouse may get a portion of the estate. If there are no surviving children and parents or a spouse, the court will distribute assets to siblings and other relatives.

For additional help understanding probate laws, contact the team at Hawaii Convey in Honolulu. For over 30 years, their team has helped Oahu residents with estate planning and creating will provisions to avoid probate. Call (808) 792-8777 to schedule a consultation, or view their services online.