When a Will Is Not Properly Signed in Hawaii: Probate Consequences and Next Steps

Short answer: If a will is found not to satisfy Hawaii’s formal signing requirements, the probate court may refuse to admit it. That can leave the estate to be handled under Hawaii’s intestacy rules unless the will can be cured or an earlier valid will exists. This article explains how the court makes that decision, common outcomes, and practical steps you can take.

How wills must be executed under Hawaii law

Hawaii’s probate rules follow the Uniform Probate Code model for formal requirements. Generally a valid will must be:

Made by a testator with mental capacity to make a will;
Signed by the testator (or by someone at the testator’s direction and in the testator’s presence); and
Witnessed by the required number of competent witnesses (typically two) who sign in the testator’s presence.

For the precise statutory framework, see Hawaii Revised Statutes, Chapter 560 (probate and wills): https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/. For practical probate procedures see the Hawaii Judiciary probate self-help pages: https://www.courts.state.hi.us/self-help/probate.

What happens if the will is not properly signed?

When a will presented for probate lacks required formalities (for example: no signature, missing witness signatures, or improper execution), a probate judge will consider whether the document can be admitted despite the defect. The court considers several paths:

Refusal to admit the will: If the court determines the document does not meet statutory formalities and cannot be cured, the will will be denied probate. If there is no valid will admitted, the estate is distributed according to Hawaii’s intestacy rules.
Admission of an earlier valid will: If the decedent left an earlier properly executed will, the court may admit that earlier will instead of the defective later one.
Curing the defect (harmless error or other statutory relief): Some jurisdictions allow the court to admit a document that fails formalities if clear and convincing evidence shows the decedent intended the document to be their will. In Hawaii, courts can consider evidence of intent and surrounding circumstances. If convincing evidence exists, the court may admit the improperly executed document despite formal defects. See Hawaii’s probate statutes and court rules for how judges apply these standards: HRS Chapter 560.

Consequences if the will is denied

Intestate distribution: If no valid will is admitted, assets pass under Hawaii’s intestacy scheme (close family—spouse, children, parents, siblings—typically inherit). That can produce very different results than the decedent’s intended distribution.
Appointment of an administrator: Instead of a personal representative named in a valid will, the court appoints an administrator under intestacy procedures to handle probate, pay debts, and distribute assets.
Estate administration delays and costs: Litigation over validity or the need to trace other documents increases time and expense. Creditors, taxing authorities, and beneficiaries may be affected while matters are litigated.
Potential for disputes: Beneficiaries named in an invalid will or disappointed heirs may file contests, leading to contested probate hearings.

Common scenarios and examples

Below are typical fact patterns and how courts often respond under Hawaii probate principles:

No signature by the decedent: If the document lacks the testator’s signature, the court looks for clear evidence the decedent intended it as a will (notes, drafts, witness statements). Without that evidence, the document will usually be refused and intestacy applies.
Missing or inadequate witness signatures: If witness signatures are missing or witnesses cannot be located, courts may consider other proof of intent. A self-proving affidavit signed before a notary helps prevent this problem.
Questionable signature (forgery or incapacity): If someone alleges forgery or that the testator lacked capacity, the court may order litigation, including expert medical or handwriting evidence. If fraud or lack of capacity is established, the will will be invalidated.

What you should do immediately

If you discover a will that may be improperly executed, take these steps:

Do not destroy or alter the document. Preserve the original and any copies.
Gather evidence of the decedent’s intent: notes, emails, drafts, testimony from people who saw the decedent sign or who discussed the will with them.
Look for a self-proving affidavit or earlier properly executed wills.
Contact a probate attorney or consult the Hawaii Judiciary self-help resources: https://www.courts.state.hi.us/self-help/probate.
If probate has already been opened, respond promptly to petitions and court deadlines. Missing deadlines can limit options.

How an attorney can help

An attorney can:

Review the document and the facts around signing;
Prepare and file petitions to admit the will, including presenting evidence to cure a defective execution (if available);
Represent parties in contests over validity, capacity, or undue influence claims;
Locate and review earlier wills and help determine whether intestacy will apply.

Useful links and statutes

Hawaii Revised Statutes — Probate and wills (Chapter 560): https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/
Hawaii Judiciary — Probate self-help: https://www.courts.state.hi.us/self-help/probate

Helpful Hints

Preserve the original will and any copies immediately — originals are crucial in probate.
Collect contemporaneous evidence of intent (emails, drafts, witnesses who saw signing).
Check for a self-proving affidavit — this prevents many challenges to execution formality.
Look for earlier properly executed wills — an earlier valid will can control if a later one fails.
Act quickly: probate timelines and creditor claims run on statutory schedules.
Consult a probate attorney early — contested will litigation is complex and time-sensitive.

Disclaimer: This article provides general information about Hawaii probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed attorney in Hawaii.