Detailed Answer
Locate the Original Will and Codicils
Before filing for probate in Hawaii, you must locate the original will and any codicils. Check the decedent’s personal records—home safe, fireproof box, filing cabinets, and safe deposit boxes at banks. Ask family members and close friends about document storage. Contact any attorney or law firm the decedent used; attorneys often keep wills for safekeeping. Under HRS §560:5-502, a testator may deposit an original will and codicils with the clerk of the circuit court for safekeeping. Request a copy from the clerk’s registry if such a deposit occurred.
Verify Formal Execution
Under Hawaii Revised Statutes §560:2-502, a valid will must be in writing, signed by the testator (or by another at the testator’s direction), and witnessed by at least two individuals of sound mind. When you file for probate, submit the original and provide proof of due execution. This typically includes affidavits or certificates from the witnesses confirming they observed the signing.
Handle Missing Originals
If the original is lost or destroyed, Hawaii law allows you to admit a copy with proof that no revocation occurred. You must show the decedent did not intentionally destroy the will (HRS §560:3-301). Obtain certified copies and secure witness affidavits to establish authenticity.
Helpful Hints
- Scan personal records systematically to avoid missed locations.
- Prepare a list of the decedent’s advisors and financial institutions.
- Ask banks about safe deposit box procedures; courts can assist with access when a keyholder dies.
- Secure witness contact information early, as memories and availability can fade.
- Document all search efforts to show reasonable diligence to the court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.