Detailed Answer
This article explains who handles estate administration and unclaimed property claims in Hawaii. It covers the relevant courts, state offices, and key statutory references. Always consult a qualified attorney for advice tailored to your situation.
Estate Administration
In Hawaii, each county’s Circuit Court oversees probate and estate administration. Under Hawaii Revised Statutes (HRS) § 560:1-201, probate jurisdiction lies with the circuit courts of the first, second, third, and fifth circuits. Each circuit court has a Probate Division or Probate Clerk’s Office where you file petitions, submit wills, and request letters testamentary or letters of administration.
- First Circuit (Oahu): Honolulu Civic Center, 777 Punchbowl Street, Honolulu. Visit https://www.courts.state.hi.us/courts/circuit_courts/first_circuit for details.
- Second Circuit (Maui County): Wailuku, Maui. See https://www.courts.state.hi.us/courts/circuit_courts/second_circuit.
- Third Circuit (Hawaii Island): Hilo and Kona divisions. See https://www.courts.state.hi.us/courts/circuit_courts/third_circuit.
- Fifth Circuit (Kauai and Niihau): Lihue. See https://www.courts.state.hi.us/courts/circuit_courts/fifth_circuit.
Key steps in estate administration include:
- Filing a petition for probate or administration with the clerk’s office.
- Notifying heirs, beneficiaries, and creditors per HRS § 560:3-305 (link).
- Inventorying assets and paying debts and taxes.
- Distributing remaining property under the will or by intestacy laws.
Unclaimed Property Claims
Hawaii’s unclaimed property program is statewide. The Business Registration Division of the Department of Commerce and Consumer Affairs (DCCA) administers unclaimed property under HRS chapter 523A. You do not file unclaimed property claims at the county level.
- Visit the DCCA Unclaimed Property website: https://cca.hawaii.gov/breg/unclaimed/.
- Search the Unclaimed Property Database or submit a claim online at the eHUP portal: https://ehup.ehawaii.gov.
- Review HRS § 523A-21 for claim procedures: link.
Helpful Hints
- Check filing deadlines: Probate petitions often require timely notice to creditors.
- Gather documents: Locate the decedent’s will, death certificate, and asset records before visiting the court.
- Use online resources: Many Probate Clerk’s Offices allow e-filing and provide forms on their websites.
- Keep records: Track all communications and receipts when claiming unclaimed property.
- Confirm identity: You may need certified copies of death certificates or proof of heirship for both probate and unclaimed property claims.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance on your specific situation.