Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When a loved one passes away, identifying whether they left a valid will or other estate planning documents is critical. In Hawaii, you can follow several steps to find and verify these documents under Hawaii law.
1. Search Probate Court Records
Start your search at the circuit court in the county where the decedent lived. Under Hawaii’s probate rules, someone usually files a petition for probate when a will exists.
You can visit the court clerk’s office or search online records to see if a petition or will was filed. This helps confirm that the court recognized a document as a formal will.
2. Contact the Decedent’s Last Known Attorney
People often leave their wills with their drafting attorney. Contact any law firms the decedent used for estate planning. Attorneys keep original wills or know where clients store them.
3. Inspect Safe Deposit Boxes and Personal Files
Documents often reside in safe deposit boxes, home file cabinets, or a personal safe. To access a safe deposit box in Hawaii, present the decedent’s death certificate and your identification to the bank. Banks may then grant you access or inventory the contents under HRS §560-3.
4. Check Will Registries and Online Services
Hawaii does not maintain a statewide will registry, but national registries and private services exist. Ask the decedent’s family members if they used any online registry to record the will’s location.
5. Ask Family Members and Close Contacts
Family members, close friends, or personal representatives may know about estate plans. Ask the decedent’s spouse, adult children, or financial advisors for clues about where documents might be kept.
6. Consult the Hawaii State Bar Association
The Hawaii State Bar Association’s Lawyer Referral Service can help you locate estate planning attorneys the decedent may have used. Visit hsba.org or call the referral service for guidance.
7. Verify Execution and Validity of the Will
Even if you find a will, you must ensure it meets Hawaii’s formal requirements. Hawaii law requires that:
- The will is in writing and signed by the testator.
- Two competent witnesses sign in the presence of the testator and each other.
See HRS §560-2 for formal will requirements. Hawaii also recognizes handwritten (holographic) wills if the signature and material provisions appear in the testator’s handwriting under HRS §560-3.
Helpful Hints
- Bring the decedent’s death certificate when visiting banks or courts.
- Keep detailed notes of whom you contact and where you search.
- Ask for certified copies of any will filed with the court.
- Request an inventory if you gain access to a safe deposit box.
- Consider a private investigator if informal searches fail.
- Consult an estate planning attorney before filing for probate.