Do I Need to Open an Estate to Pursue a Wrongful Death Involving a Car Accident in HI? | Hawaii Probate

Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your case.

Detailed Answer

Under Hawaii law, only a personal representative of the deceased’s estate can file a wrongful death claim. See HRS §663-1. Hawaii Revised Statutes (HRS) §663-3 authorizes the probate court to appoint a personal representative. HRS §663-3.

You must open an estate (probate) to appoint a personal representative. Probate follows the Hawaii Probate Code (Chapter 560). You file a petition in the circuit court where the deceased lived. After appointment, the representative brings the wrongful death action on behalf of beneficiaries.

Hawaii sets a two-year statute of limitations for wrongful death claims. See HRS §657-7. Missing this deadline bars recovery. Open probate early to protect your right to file.

Helpful Hints

Gather the death certificate, insurance policies, and asset information before filing probate.
Confirm beneficiaries under HRS §663-2 to ensure proper distribution.
Hire a probate attorney to navigate court requirements and deadlines.
Consider mediation or settlement talks during probate to save time and costs.
Track the statute of limitations—typically two years from the date of death.