Overview
Kalawao County is located in Hawaii with a population of approximately 80. Uniquely, Kalawao County does not have its own separate county government or judicial system. The Circuit Court of the Second Circuit (based in Maui County) handles all probate and estate matters for decedents who were domiciled in Kalawao County at the time of death.
Hawaii probate is governed by the Hawaii Revised Statutes (HRS) Chapter 560, known as the Uniform Probate Code. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative 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 simplified procedures for smaller estates:
* Affidavit for Collection of Personal Property: For estates consisting solely of personal property valued at $100,000 or less (excluding motor vehicles).
* Small Estates Summary Administration: For estates where the gross value does not exceed $100,000.
This guide provides an informational overview of the Kalawao County probate process via the Second Circuit Court. 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
Circuit Court of the Second Circuit (Hoapili Hale)
Probate matters for Kalawao County are handled at the Hoapili Hale Courthouse in Wailuku, Maui.
Address: 2145 Main Street, Suite 106, Wailuku, HI 96793-1679
Phone: (808) 244-2929 (Chief Court Administrator); (808) 244-2969 (Legal Documents Branch)
Hours: Monday through Friday, 7:45 AM to 4:30 PM (office hours); counter hours 8:00 AM to 4:00 PM
The Second Circuit Court serves the islands of Maui, Molokai (including Kalawao), and Lanai. Probate filings are processed through the Legal Documents Branch.
Parking and Access
Public parking is available in the lot surrounding the courthouse and on nearby streets. Security screening is required for all visitors entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: If the estate consists only of personal property valued at $100,000 or less, you may be able to collect assets via affidavit without court involvement.
- Rights of Survivorship: Assets held in joint tenancy or tenancy by the entirety pass directly to the survivor.
- 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 (Informal or Formal) with the Circuit Court of the Second Circuit. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $265)
- Flag Sheet (if required by local practice)
Hawaii courts utilize the Judiciary Information Management System (JIMS) for case management. Attorneys are generally required to e-file.
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 (for formal probate).
- Publish notice in a newspaper of general circulation in the judicial circuit (e.g., The Maui News) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, 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. Informal probate may be processed by the Registrar without a hearing if all requirements are met.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Approval of Final Accounts and Discharge to close the estate
Local Requirements
Second Circuit Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Judiciary Information Management System (JEFS/JIMS). Self-represented litigants may file in paper at the courthouse.
- Submission of Wills: The original will must be lodged with the court.
- Mediation: The Second Circuit may refer contested probate matters to mediation.
- Publication: Notice to Creditors must be published in a newspaper of general circulation within the circuit, such as The Maui News.
Always check the latest Hawaii Probate Rules and Second Circuit local rules for specific formatting and procedural requirements.
Timeline & Fees
Filing Fees (Second Circuit)
- Petition for Probate: approximately $265 (includes administrative fees and surcharges)
- Small Estate Summary Administration: approximately $200-$265 depending on specific filings
- Certified copies of Letters: approximately $2 per page + $2 certification fee
- Publication costs: approximately $150-$400 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/MasterCard). E-filing fees are paid online via credit card.
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 in Hawaii is 4 months from the date of first publication of notice.
Local Resources
Kalawao/Maui Court Resources
- Court Website: https://www.courts.state.hi.us/general_information/contact/maui
- Probate Self-Help: https://www.courts.state.hi.us/self-help/courts/forms/court_forms
- Hawaii Probate Forms: https://www.courts.state.hi.us/self-help/courts/forms/court_forms
Legal Aid and Attorney Referrals
- Hawaii State Bar Association: (808) 537-1868 — Lawyer Referral Service
- Legal Aid Society of Hawaii (Maui Office): (808) 244-3731 — Provides assistance to low-income individuals
- HSBA Lawyer Referral: https://hsba.org/
Publication
- The Maui News: (808) 242-6363 — General circulation newspaper for the Second Circuit
- Molokai Dispatch: (808) 552-2781 — Local Molokai publication