Affidavit Of Personal Representative (Intestate)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Personal Representative (Intestate) is a commonly used form within Hawaii. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Personal Representative (Intestate)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Personal Representative (Intestate):

• This form pertains to the State of Hawaii

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Hawaii’s Form 7-17 (Intestate) - Affidavit Of Personal Representative (Intestate) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Hawaii form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Hawaii probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 7-17 (Intestate), take a break, and then review. Probate and estate settlement processes in HI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 7-17 (Intestate) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 7-17 (Intestate) witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Personal Representative (Intestate) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Hawaii.

5 reasons you should submit 7-17 (Intestate) as quickly as possible:

1. The sooner you begin, the faster Hawaii can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Hawaii. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Hawaii is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Hawaii probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Hawaii probate clerk or court for exact answers regarding Form 7-17 (Intestate), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Personal Representative (Intestate) is one of the many probate court forms available for download through Atticus.

It may also be available through some Hawaii probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Hawaii.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 7-17 (Intestate) - Affidavit Of Personal Representative (Intestate) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Hawaii probate court office.

Affidavit Of Personal Representative (Intestate) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Hawaii-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Hawaii Form 7-17 (Intestate) - Affidavit Of Personal Representative (Intestate). You can use this to get an idea of the context of the form and what type of information is needed.

FORM 7-17 Name______________________________ Attorney No. ________ Address: _______________________________________________ Phone Number: _________________________________________ __ Attorney for Petitioner __ Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) AFFIDAVIT OF PERSONAL ) REPRESENTATIVE; EXHIBIT A ____________________________ ) ) Deceased. ) ____________________________________) AFFIDAVIT OF PERSONAL REPRESENTATIVE STATE OF HAWAII ) ) SS. COUNTY OF _______________ ) ______________________, being first duly sworn, on oath deposes and says: 1.Affiant is the court-appointed Personal Representative for the Estate of ____________________. 2.That the decedent died owning a fee simple interest in real property located at ______________________________________________________, more particularly described as Tax Map Key ______________ . 3.Pursuant to H.R.S. §560:3-715, a Personal Representative may properl y sell real property unless other wise provided by the Will, H.R.S. §531-28.5 and §531-29, and or by an order in a formal proceeding and subject to any priorities under H.R.S. §560:3902. 4.That the decedent died without a Will. 5.That the Court has not entered any order in a formal proceeding requiring the Personal Representative to seek authority to sell or confirm the sale and all interested parties waive any right to demand confirmation. 6.That a petition for authority to sell real property is not required under H.R.S. §531-28.5 and Haw. Prob. R. 66 as no heir in this intestate proceeding has demanded a petition for authority to sell real property and all interested parties waive any right to demand court authorization to sell real property which waiver is attached hereto as Exhibit A. 7.That court confirmation of the sale is not required under H.R.S. §531-29 as no heir in this intestate proceeding has demanded court confirmation of the sale and all interested parties waive any right to demand confirmation which waiver is attached hereto as Exhibit A. 8.That pursuant to Haw. Prob. R. 67, all interested parties have consented to the transaction concerning the above described real property proposed by the Personal Representatives and, therefore, court approval and confirmation of the sale is not required which consents are attached hereto as Exhibit A. 9.That this affidavit is made pursuant to H.R.S. §501-173. Further Affiant sayeth naught. DATED: ________________________, Hawaii, ________________, _______. _________________________________________ Personal Representative Printed Name: ______________________ Subscribed, certified and sworn to before me on , this Affidavit of Personal Representative dated , consisting of _______ pages. _ ___________________________ Notary Public, State of Hawaii Name: _________________________ My Commission Expires: _____________________