Quick answer

If your sibling owned assets located in Hawaii or was domiciled in Hawaii at death, you may need to open probate in Hawaii even if you live elsewhere. You generally start by locating the original will (if any), determining what Hawaii assets exist, and filing a petition for probate or administration in the appropriate Hawaii court. Many out-of-state executors use a local probate attorney to file papers, accept service, and handle court appearances and local issues.

1. Do you need probate in Hawaii?

Probate is typically required when the decedent owned assets titled solely in their name in Hawaii. Common probate triggers include:

• Real property (land or a house) located in Hawaii.
• Bank or investment accounts titled only in the decedent’s name without payable-on-death (POD) or transfer-on-death (TOD) designations.
• Personal property in Hawaii with value that must be transferred by the court.

If assets pass automatically (joint tenancy, POD/TOD, beneficiary designations, or life insurance), probate might not be needed for those assets. Hawaii has its probate statutes and procedures in the Hawaii Revised Statutes, Chapter 560: HRS Chapter 560. For practical court information and local forms, see the Hawaii Judiciary’s probate self-help page: Hawaii State Judiciary — Probate & Guardianship Self-Help.

2. Which court handles probate in Hawaii?

Probate matters in Hawaii are handled by the state courts. The Hawaii Judiciary maintains instructions and forms for probate and administration. Venue usually depends on where the decedent was domiciled or where real property is located. If your sibling was domiciled in Hawaii, the primary probate will be in a Hawaii court. If your sibling was domiciled elsewhere but owned Hawaii real property, you may need an ancillary probate in Hawaii to deal with that property.

3. Who can open the probate case?

Any person with a legal interest can file a petition to open probate:

• If there is a valid will, the person named as executor may petition to admit the will and be appointed personal representative (the executor).
• If there is no will, a close family member or other interested person can petition the court to be appointed administrator (also called a personal representative).

Living outside Hawaii does not automatically prevent you from serving as personal representative. Courts often allow out-of-state individuals to serve, but practical difficulties (service of process, court appearances, and local creditor notices) make it common to retain a local attorney or have a local agent assist.

4. Step-by-step: How to open probate from another state

1. Confirm whether probate is needed. Identify Hawaii-located assets and whether title or beneficiary designations transfer those assets automatically.
2. Find the original will and the death certificate. The original will is usually required to admit it to probate. Obtain several certified copies of the death certificate from the issuing state.
3. Collect basic information: inventory of assets in Hawaii, approximate values, names and addresses of heirs and beneficiaries, and any known creditors.
4. Contact the Hawaii court or use the Judiciary self-help resources. The court can confirm filing requirements and local forms: Hawaii State Judiciary — Probate & Guardianship Self-Help.
5. Decide whether to hire a local probate attorney. An attorney can prepare and file the petition, accept service for you, represent you at hearings, publish required notices, and handle local filings. This is the usual approach for out-of-state personal representatives.
6. File the petition. When you or your attorney files the petition to admit the will or for administration, the court will issue letters testamentary or letters of administration if appointed. The court will also set requirements for notifying heirs and creditors and may require publication in a local newspaper.
7. Follow court directions for notices and inventory. Provide required notices to interested persons and file inventories and accountings as ordered by the court.
8. Distribute assets and close the estate. Pay valid debts and taxes, transfer property according to the will or law, and obtain court approval to close the probate case.

5. Documents you will typically need

• Original will (if any) and any codicils.
• Certified copy of the death certificate.
• List of assets located in Hawaii (real property deeds, bank and brokerage accounts, vehicle titles, etc.).
• Information about heirs and beneficiaries (names, addresses, relationships).
• Any contracts, creditor statements, and insurance policies.

6. Costs, timeline, and common requirements

Costs include court filing fees, publication costs for notices, attorney fees (if you hire one), and possible fees for appraisals. Processing time varies by county and complexity—simple probates can take months; more complex matters often take a year or more. The court will usually require notice to heirs and creditors; the exact procedures are found in Hawaii’s probate statutes: HRS Chapter 560, and the Hawaii Judiciary’s self-help pages explain local practice: Hawaii State Judiciary — Probate & Guardianship Self-Help.

7. Alternatives to full probate

Depending on the size and nature of the estate, alternatives may avoid full probate:

• Assets with beneficiary designations or held in joint tenancy pass outside probate.
• Small estate procedures may exist for low-value estates (check local rules).
• Affidavits for collection of small personal property or bank accounts — banks may accept a small estate affidavit instead of formal probate.

Check the Hawaii Judiciary resources or consult a local attorney to determine if an alternative applies.

8. Should you hire an attorney?

Hiring a Hawaii probate attorney is often advisable when you live out of state. An attorney can:

• File the correct petition and paperwork with the local court.
• Accept service, appear at hearings, and handle required notices and publications.
• Help identify and value Hawaii assets and manage claims from creditors.

If you cannot afford an attorney, the Hawaii Judiciary’s self-help pages list forms and instructions to help you proceed pro se: Hawaii State Judiciary — Probate & Guardianship Self-Help.

Helpful Hints

• Start by finding the original will and getting certified death certificates—many institutions require certified copies before releasing assets.
• Make a clear list of any property located in Hawaii (address of real estate, bank branches, vehicle registrations).
• Contact the Hawaii court early to confirm local filing rules and current filing fees.
• Consider hiring a local probate attorney to avoid delays and to handle in-person court business.
• If you expect small or straightforward assets, ask about simplified or small estate procedures before filing full probate.
• Keep thorough records of all communications, payments, and notices—these are important for court accountings.
• Expect creditor notices and allow time for claims to be filed before you distribute assets.