In the State of Hawaii, probate administration is not required if: 1) the value of a decedent’s gross estate, excluding any motor vehicles, is $100,000.00 or less; and 2) no application or petition for appointment of a personal representative is pending or has been granted in Hawaii.

In a case where probate administration is not required, there may be no court appointed personal representative. In these situations, the Hawaii Revised Statutes §560:3-1201 and §560:3-1202 provide for the collection of a decedent’s assets by a successor to the decedent upon presentation of an Affidavit for Collection of Personal Property of the Decedent.

In the event a decedent dies owning real property (of any value no matter how nominal) or assets titled in the decedent’s individual name, with an aggregate value exceeding $100,000.00, probate proceedings are required, whether a decedent died with a Will or without a Will.

Probate is a court process where the court validates the decedent’s Will, or if there is no Will, makes a determination that the decedent died intestate (without a Will).  In addition, the court will appoint a personal representative responsible for the administration of the decedent’s estate. The personal representative will be responsible for a number of things such as:

• identifying and collecting the probate assets,

• paying the decedent’s last medical expenses, funeral expenses, and other debts,

• filing the decedent’s final individual tax returns and paying any taxes owed, and

• distributing the probate assets to the beneficiaries pursuant to the terms of the decedent’s Will (if there is one) or to the heirs pursuant to Hawaii’s intestacy laws (if there is no Will).

The Probate Court process can be time-consuming and costly and is a matter of public record.