Hawaii: Can a Small-Estates Affidavit Replace Formal Probate for an Intestate Estate?
Quick answer No. You cannot use a North Carolina small-estate affidavit in Hawaii. If a decedent died without a will (intestate) and you want to avoid full probate in Hawaii, you must follow Hawaii law and the state’s procedures. Hawaii provides simplified procedures for small estates in some situations, but the exact process, eligibility rules, […]
Read article →How to Open Probate in Hawaii for a Sibling’s Estate When You Live Out of State
Opening Probate in Hawaii from Out of State: A Step-by-Step FAQ Style Guide This guide explains, in plain language, how to start probate in Hawaii for a sibling’s estate when you live outside the state. This is general information only and is not legal advice. Quick answer If your sibling owned assets located in Hawaii […]
Read article →Settling a Parent's Estate in Hawaii and Handling Property in Another State
How to settle an estate in Hawaii and handle property in another state Disclaimer This is general information and not legal advice. I am not a lawyer. For legal guidance about a specific situation, consult a licensed attorney in Hawaii and, if needed, in the other state where property is located. Detailed Answer — Step‑by‑step […]
Read article →Hawaii: How to Transfer Real Property After a Spouse’s Death — Steps to File and Record a Deed
Detailed Answer Short overview: When a spouse dies, whether you can record a new deed that makes your child the owner depends on how title was held, whether there is a will, and whether probate is required under Hawaii law. This article explains the typical paths: 1) a non-probate transfer (when title already passes automatically), […]
Read article →Hawaii: Ensuring a Wrongful Death Settlement Is Filed Correctly and Split as Agreed
How to make sure a wrongful death settlement is filed with the court and distributed exactly as agreed Disclaimer: This article explains general information about Hawaii wrongful death settlements and court filing practices. It is not legal advice. Consult a licensed Hawaii attorney for guidance specific to your case. Detailed answer — steps to ensure […]
Read article →Can You Require a Co‑Heir to Reimburse an Appraisal Before an Estate Buyout? — Hawaii Guide
Do I have the right to require a co‑heir to reimburse an appraisal before completing an estate buyout? Short answer: Maybe — it depends on whether the appraisal is an estate administration expense, what agreements (written or oral) the heirs or personal representative made, and whether you get a court order. Under Hawaii practice, appraisal […]
Read article →Hawaii — Do I Need a TOD Deed or POD Designation if My Will Leaves Everything to My Daughter?
Will vs. TOD Deeds and POD Designations: What Hawaii Residents Need to Know Short answer: Yes — a will that leaves everything to your daughter does not necessarily eliminate the need for transfer-on-death (TOD) deeds, payable-on-death (POD) designations, or beneficiary designations. Those nonprobate tools transfer specific assets outside probate and usually take priority over directions […]
Read article →How to Transfer a Deceased Parent's House to Children in Hawaii
What to do when a parent dies without a will and real property is in their name — Hawaii FAQ Disclaimer: This information is educational only and is not legal advice. Consult a licensed Hawaii attorney to handle a specific case. Detailed answer — steps to get title transferred after a parent dies intestate in […]
Read article →How to Take Over a Deceased Parent’s Mortgage in Hawaii: Step-by-Step FAQ
How to Take Over a Deceased Parent’s Mortgage in Hawaii: Quick FAQ Short answer: Your first tasks are (1) confirm how title to the house passes (joint tenancy, will, intestacy), (2) notify and work with the mortgage lender, and (3) complete the necessary probate or transfer paperwork so title and mortgage responsibilities match. Whether you […]
Read article →Proving Parentage for Inheritance in Hawaii: Steps When a Parent's Name Is Missing from the Birth Certificate
How to establish a parent–child relationship for inheritance in Hawaii when the parent's name is not on the birth certificate Detailed Answer If you need to inherit from a deceased parent but that parent’s name does not appear on your birth certificate, you can still establish that legal parent–child relationship. Under Hawaii law, a court […]
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