Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Verifying Creditor Notice in Hawaii Estates
Under Hawaii law, a personal representative must notify creditors of an estate both by mail and by publication. To trigger the two-year bar on claims, these notice requirements must be satisfied. Here’s how a client can confirm compliance:
- Identify the Probate File. Locate the estate by the decedent’s name and probate case number at the Circuit Court where the estate was opened (e.g., Honolulu, Hawaiʻi Island, Maui, Kauaʻi).
- Request Court Records. Contact the court clerk or use the Judiciary’s online portal to obtain a copy of the estate docket and probate file.
- Examine the Notice to Creditors. Look for the Notice to Creditors document. Under Haw. Rev. Stat. § 560:3-905, the personal representative must:
- Mail notice to each known creditor within 30 days of appointment.
- Publish notice once a week for three consecutive weeks in a newspaper of general circulation.
- Review Affidavits of Mailing and Publication. The file should include an Affidavit of Mailing and an Affidavit of Publication. Confirm the dates and details match statutory requirements.
- Check the Bar Date. Once notice is proper, unknown creditors generally have two years from the decedent’s date of death to file claims. See Haw. Rev. Stat. § 560:3-903 (claims barred after statutory period).
- Confirm No Late Claims. Scan the file for any creditor claims filed after the two-year date. If none exist, the two-year rule has been successfully invoked.
Helpful Hints for Checking Notice Requirements
- Use the decedent’s full legal name and date of death when searching court records.
- Verify the newspaper used for publication is one approved by the court.
- Look for certificate stamps or endorsements showing the court accepted the affidavits.
- Request digital copies of pleadings to ensure you have all notices and proofs of service.
- Consult the court clerk if the file seems incomplete; missing affidavits may indicate insufficient notice.
- Keep track of all dates: appointment, mailing, first publication and final publication.
- Consider retaining an attorney to interpret complex filings or discrepancies.