Overview
Hawaii County is located in Hawaii with a population of approximately 209,790. The Third Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Hawaii probate is governed by the Hawaii Probate Code (HRS Chapter 560). The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Hawaii offers a simplified procedure for small estates valued at $100,000 or less (excluding motor vehicles). This "Affidavit for Collection of Personal Property" allows successors to collect assets without a full court proceeding.
Unlike some states with percentage-based fees, Hawaii law generally provides for reasonable compensation for both attorneys and personal representatives, subject to court approval.
This guide provides an informational overview of the Hawaii County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Third Circuit Court (Hale Kaulike)
Probate matters in Hawaii County are handled at the Hale Kaulike Courthouse.
Address: 777 Kilauea Avenue, Hilo, HI 96720-4212
Phone: (808) 961-7650 (Estate and Guardianship Division)
Hours: Monday through Friday, 7:45 AM to 4:30 PM (Counter hours: 8:00 AM to 4:00 PM)
The Third Circuit Court serves the entire island of Hawaii (the Big Island). While the main courthouse is in Hilo, there are also court services available in Kona and Waimea for certain matters, though probate filings are typically processed through the main division.
Parking and Access
Public parking is available in the metered parking lot adjacent to the courthouse building. There is also limited street parking nearby. Security screening is required for all visitors entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (excluding vehicles), you may be able to use an Affidavit for Collection of Personal Property to transfer assets without court supervision.
- Summary Administration: For estates under the same threshold where an affidavit isn't sufficient, a simplified summary administration process is available.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Third Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $200-$265 depending on surcharges)
- List of interested persons (heirs and beneficiaries)
Hawaii allows for Informal Probate (handled by a registrar without a hearing) for uncontested matters, or Formal Probate (with a judge and hearing) for complex or contested estates.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or application (for informal probate) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Hawaii County (such as the Hawaii Tribune-Herald or West Hawaii Today) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. If informal, the Registrar may issue the Letters without a hearing if all paperwork is in order. Once approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow 4 months from the date of first publication for claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Petition for Discharge or a closing statement to close the estate.
Local Requirements
Hawaii County-Specific Procedures
- Judicial Circuit: Hawaii County falls under the Third Judicial Circuit.
- Forms: The Hawaii Judiciary uses standard state-wide probate forms available on the judiciary website.
- Mediation: The court may refer contested probate matters to mediation.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as the Hawaii Tribune-Herald (East Hawaii) or West Hawaii Today (West Hawaii).
Always check with the court clerk for any specific local rules regarding document formatting or courtesy copies for the judge.
Timeline & Fees
Filing Fees (Hawaii County)
- Petition for Probate: $100.00 base fee (plus surcharges, typically totaling ~$215-$265)
- Small Estate Affidavit: No court filing fee (non-court procedure), but recording fees may apply if real property is involved.
- Certified copies of Letters: ~$2.00 per page + $2.00 certification fee
- Publication costs: approximately $150-$500 depending on the newspaper and length of notice.
Note: Fees are subject to change. Check the Hawaii Judiciary fee schedule for the most current amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). Checks should be made payable to "Clerk of the Court".
Estimated Timelines
- Simple estates (Informal): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 4 months from the date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Hawaii County Court Resources
- Court Website: Hawaii State Judiciary - Third Circuit
- Probate Forms: Hawaii Judiciary Probate Forms
- Case Search: Search Court Records
Legal Aid and Attorney Referrals
- Hawaii State Bar Association: (808) 537-1868 — Attorney Referral Service
- Legal Aid Society of Hawaii (Hilo): (808) 961-2851 — legalaidhawaii.org
Publication
- Hawaii Tribune-Herald: (808) 935-6621 — hawaiitribune-herald.com
- West Hawaii Today: (808) 329-9311 — westhawaiitoday.com