Overview
Kauai County is located in Hawaii with a population of approximately 73,840. The Circuit Court of the Fifth Circuit 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 Uniform Probate Code (Hawaii Revised Statutes 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.
Small Estates: Hawaii offers a simplified procedure for estates valued at $100,000 or less (excluding motor vehicles). If the estate meets this threshold, a Small Estate Affidavit (Affidavit for Collection of Personal Property) may be used to transfer assets without full court administration.
Fees: Hawaii law allows for reasonable compensation for both attorneys and personal representatives (executors). Unlike some states, there is no statutory percentage schedule; fees must be reasonable based on the services provided (HRS § 560:3-719).
This guide provides an informational overview of the Kauai 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
Circuit Court of the Fifth Circuit
Probate matters in Kauai County are handled at the Puʻuhonua Kaulike Building.
Address: 3970 Kaʻana Street, Līhuʻe, HI 96766
Phone: (808) 482-2300 (Legal Documents Branch)
Hours: Monday through Friday, 7:45 AM to 4:30 PM
The Fifth Circuit Court serves the islands of Kauaʻi and Niʻihau. Probate filings are processed through the Legal Documents Branch.
Parking and Access
Public parking is available in the parking lot located directly in front of the courthouse building. The facility is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the gross value of the estate (excluding vehicles) is $100,000 or less, you may be able to use an Affidavit for Collection of Personal Property to transfer assets without court supervision.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly 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 Circuit Court of the Fifth Circuit. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $100 for the petition)
- List of interested persons (heirs and beneficiaries)
Hawaii allows for Informal Probate (handled by the Registrar without a hearing) or Formal Probate (requires a court hearing before a Judge).
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Kauai County (e.g., The Garden Island) once a week for three successive weeks.
Step 4: Attend the Hearing (Formal Probate)
If filing for Formal Probate, the court will schedule a hearing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing unless contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors generally have 4 months from the date of first publication to file claims).
- Inventory and appraise all estate assets.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Closing Statement or petition for discharge to close the estate.
Local Requirements
Kauai County-Specific Procedures
- Judicial Circuit: Kauai is part of the Fifth Judicial Circuit.
- Forms: Use the official Hawaii State Judiciary forms for the Fifth Circuit.
- Publication: Notice to creditors is typically published in The Garden Island, which is the newspaper of general circulation for Kauai.
- Informal vs. Formal: Many uncontested estates in Hawaii can be settled via Informal Probate, which is faster and less expensive than Formal Probate.
Always check with the Legal Documents Branch for the most current local rules and filing requirements.
Timeline & Fees
Filing Fees (Kauai County)
- Petition for Probate: approximately $100
- Small Estate Affidavit: Fees vary, often minimal or none if not filed with court
- Certified copies: approximately $2 per page + $2 certification fee
- Publication costs: approximately $150-$400 depending on the newspaper and length of notice
Note: Fees are subject to change. Check the current fee schedule on the Hawaii State Judiciary website.
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
Factors affecting the timeline include the 4-month creditor claim period, tax return processing, and court scheduling availability.
Local Resources
Kauai County Court Resources
- Court Website: Hawaii State Judiciary - Fifth Circuit
- Probate Forms: Fifth Circuit Court Forms
- Self-Help Center: Kauai Courthouse Self-Help
Legal Aid and Attorney Referrals
- Hawaii State Bar Association: (808) 537-1868 — Attorney Referral
- Legal Aid Society of Hawaii (Kauai): (808) 245-4728 — legalaidhawaii.org
Publication
- The Garden Island: (808) 245-3681 — thegardenisland.com