Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
1. Initiate the Probate Case by Filing a Petition
In Hawaii, probate proceedings begin when an interested person files a petition with the circuit court in the county where the decedent resided. Common petitions include letters of administration (when there is no will) or probate of a will. Attach a certified copy of the decedent’s death certificate and any original will to your petition.
2. Check for an Automatically Scheduled Hearing
Once the court clerk receives a valid petition, they typically assign a hearing date. The clerk should mail a notice to you and to all interested persons. Review this notice carefully to confirm the date, time, and courtroom.
3. File a Motion to Request or Reschedule a Hearing
If no hearing date appears on your notice or if you need a different date, file a written Motion to Request or Reschedule Hearing with the same clerk’s office. In your motion, include:
- The case number and case title.
- A statement that no hearing date has been set (or the existing date is inconvenient).
- Proposed dates and times you are available.
- Your signature and certificate of service.
Deliver the motion to the probate clerk and request a stamped copy indicating the clerk’s receipt. The clerk will coordinate with the judge’s calendar and assign a new hearing date.
4. Serve Notice to Interested Persons
Under Hawaii Revised Statutes §560:3-301, you must notify all interested persons of the hearing at least 10 days before the date:
HRS §560:3-301 – Notice to interested persons before hearing
If any person’s identity or address is unknown, publish notice as required by HRS §560:3-302:
HRS §560:3-302 – Notice by publication
5. Confirm the Hearing Date and Attend
After the clerk reschedules the hearing, you should receive a new notice by mail or e-mail. Verify the date, time, and courtroom. Prepare any supporting documents or witnesses you need for your petition. Arrive early on the hearing day with copies of your petition, motion, and proof of service.
Helpful Hints
- Always include a certificate of service with every motion or supplemental filing.
- Keep copies of all documents you file and any correspondence with the court.
- If the court clerk is unclear about your next steps, ask to speak with the probate supervisor.
- Consider hiring a probate attorney if the estate has complex assets or contested issues.
- Review local circuit court probate guidelines or standing orders for additional procedural rules.