Overview
Maui County is located in Hawaii with a population of approximately 163,688. The Second 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 Uniform Probate Code (HRS Chapter 560). The process begins with filing a Petition for Probate (Form P-P-001) 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. If the decedent's estate (excluding motor vehicles) is valued at $100,000 or less, successors may use an Affidavit for Collection of Personal Property to collect assets without full court administration. There is also a Summary Administration procedure available for estates within this threshold.
Unlike some states with percentage-based fee schedules, Hawaii law (HRS § 560:3-719) entitles personal representatives and attorneys to "reasonable compensation" for their services, which is subject to court review if contested.
This guide provides an informational overview of the Maui 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
Second Circuit Court (Hoapili Hale)
Probate matters in Maui County are handled at the Hoapili Hale Courthouse in Wailuku.
Address: 2145 Main Street, Suite 106, Wailuku, HI 96793-1679
Phone: (808) 244-2969 (Legal Documents)
Hours: Office hours are Monday through Friday, 7:45 AM to 4:30 PM; Counter hours are 8:00 AM to 4:00 PM (except State holidays)
The Legal Documents Branch accepts filings for probate matters. The court serves the islands of Maui, Molokai, and Lanai.
Parking and Access
Public parking is available in the Wailuku municipal parking lot and on surrounding streets. Be mindful of time limits on street parking. Security screening is required for entry into the courthouse.
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 (excluding vehicles) is valued at $100,000 or less, you may be able to collect assets via affidavit without court appointment.
- Summary Administration: A simplified court process available for estates valued at $100,000 or less.
- 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 (Form P-P-001) with the Second Circuit Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $150-$200 depending on specific surcharges)
- Flag Sheet (if required by local rules)
Hawaii allows for Informal Probate (handled by the Registrar) or Formal Probate (handled by a Judge). Informal is faster and requires less court supervision.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Maui County (e.g., The Maui News) once a week for three consecutive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate, the Registrar may issue Letters Testamentary or Letters of Administration without a hearing if the application is in order and no objections are filed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors typically have 4 months from the first date of publication 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
Maui County-Specific Procedures
- Judicial Circuit: Maui is part of the Second Judicial Circuit.
- Forms: The Hawaii Judiciary uses standard state-wide probate forms (P-P series).
- Publication: Notice to Creditors is typically published in The Maui News.
- Submission: Documents are filed with the Legal Documents Branch at Hoapili Hale.
Always check with the Legal Documents Branch for the most current local rules regarding courtesy copies for the judge.
Timeline & Fees
Filing Fees (Maui County)
- Probate Application/Petition: approximately $100 base fee + ~$50 administrative fee (total ~$150-$200)
- Certified copies of Letters: approximately $2 per page + $2 certification
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/MasterCard). Checks should be made payable to "Clerk of the Court".
Estimated Timelines
- Informal Probate (uncontested): 6-9 months
- Formal Probate: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Hawaii is 4 months from the date of the first publication of notice.
Local Resources
Maui County Court Resources
- Court Website: courts.state.hi.us
- Probate Forms: Hawaii Judiciary Forms
- Self-Help Center: Maui Court Self-Help
Legal Aid and Attorney Referrals
- Hawaii State Bar Association: (808) 537-1868 — hsba.org
- Legal Aid Society of Hawaii (Maui): (808) 244-3731 — legalaidhawaii.org
Publication
- The Maui News: (808) 242-6363 — mauinews.com