Overview
Honolulu County is located in Hawaii with a population of approximately 998,747. The First Circuit Court (Kaʻahumanu Hale) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Hawaii probate is governed by Hawaii Revised Statutes Chapter 560 (Uniform Probate Code). 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 process, known as an Affidavit for Collection of Personal Property, allows successors to collect assets without full court administration.
Hawaii does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be "reasonable" and are subject to court approval if contested.
This guide provides an informational overview of the Honolulu 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
First Circuit Court (Kaʻahumanu Hale)
Probate matters in Honolulu County are handled at the Kaʻahumanu Hale.
Address: 777 Punchbowl St, Honolulu, HI 96813-5093
Phone: (808) 539-4399 (Estate & Probate Branch)
Hours: Monday through Friday, 8:00 AM to 4:15 PM
The Estate & Probate Branch is part of the Legal Documents Branch of the First Circuit Court.
Parking and Access
Public parking is available at the South Street Garage (corner of South and Pohukaina Streets) and the Makai Garage (corner of Punchbowl and Halekauwila Streets). Both garages are within walking distance of the courthouse. Metered street parking may also be available but is often limited.
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 use an Affidavit for Collection of Personal Property.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
- 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 First Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $200-$265)
- List of interested persons
- Proposed Order and Letters
E-filing is available and encouraged through the Judiciary Information Management System (JIMS).
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing.
- Publish notice in a newspaper of general circulation in Honolulu County (e.g., Honolulu Star-Advertiser) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the first publication of notice to file 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 Approval of Final Accounts and discharge
Local Requirements
Honolulu County-Specific Procedures
- E-filing: The First Circuit Court utilizes the Judiciary Information Management System (JIMS) for e-filing probate documents.
- Publication: Notice to creditors and notice of hearing must be published in a newspaper of general circulation, typically the Honolulu Star-Advertiser.
- Mediation: The court may refer contested probate matters to mediation.
- Small Estates: For estates under $100,000, the Clerk of the Court may assist in a simplified administration process.
Timeline & Fees
Filing Fees (Honolulu County)
- Petition for Probate: approximately $200-$265
- Small Estate Affidavit: Fees vary, typically lower than formal probate
- Certified copies of Letters: approximately $2 per page + $2 certification
- Publication costs: approximately $150-$600 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (for e-filing).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to several years
The creditor claim period is 4 months from the date of the first publication of notice.
Local Resources
Honolulu County Court Resources
- Court Website: courts.state.hi.us
- Probate Self-Help: Hawaii Judiciary Self-Help
- Hawaii Probate Forms: First Circuit Court Forms
Legal Aid and Attorney Referrals
- Hawaii State Bar Association: (808) 537-9140 — Lawyer Referral & Information Service
- Legal Aid Society of Hawaii: (808) 536-4302 — Low-income legal assistance
- Volunteer Legal Services Hawaii: vlsh.org
Publication
- Honolulu Star-Advertiser: (808) 529-4700 — Legal Notices