Hawaii Probate Form 4-2

Application For Informal Probate Of Will And Appointment Of Personal Representative

Everything you need to know about Hawaii Form 4-2, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related HI probate forms.

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About Application For Informal Probate Of Will And Appointment Of Personal Representative

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.

Application For Informal Probate Of Will And Appointment Of Personal Representative 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 Application For Informal Probate Of Will And Appointment Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Probate Of Will And Appointment Of Personal Representative:

  • 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 4-2 - Application For Informal Probate Of Will And Appointment Of Personal Representative up to date, certain details can change from time-to-time with little or no communication.

How to file Form 4-2

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 4-2, 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 4-2 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 4-2 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 Application For Informal Probate Of Will And Appointment Of Personal Representative 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Application For Informal Probate Of Will And Appointment Of Personal Representative is due

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 4-2 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 4-2, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 4-2 Online

Application For Informal Probate Of Will And Appointment Of Personal Representative 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 4-2 - Application For Informal Probate Of Will And Appointment Of Personal Representative 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.

Application For Informal Probate Of Will And Appointment Of Personal Representative 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.

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Did you know?

  • Form 4-2 - Application For Informal Probate Of Will And Appointment Of Personal Representative is a probate form in Hawaii.

  • Hawaii has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Hawaii.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Hawaii, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Application For Informal Probate Of Will And Appointment Of Personal Representative

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 4-2

Here’s the text, verbatim, that is found on Hawaii Form 4-2 - Application For Informal Probate Of Will And Appointment Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

_____________________________________________________________________________________________________________________ APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE FORM 4-2 Name______________________________ Attorney No. ________ Address: _______________________________________________ Phone Number: _________________________________________ __ Attorney for Applicant __ pro se Applicant: IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII ) P. NO. __________________ ) (Informal) ) ) APPLICATION FOR INFORMAL ) PROBATE OF WILL AND FOR ) INFORMAL APPOINTMENT OF ) PERSONAL REPRESENTATIVE THE ESTATE OF ____________________________, Deceased. ____________________________________ APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE TO THE REGISTRAR OF THE ABOVE-ENTITLED COURT: Applicant, _________________, respectfully states: 1.This application is brought pursuant to HRS Section 560:3-301 and Rule 50 of the Hawaii Probate Rules. 2.Applicant is _______________________________________________________ (Describe relationship) 3.Applicant resides at _______________________________________. Applicant's telephone number is ________________. 4.Applicant has an interest herein as ___________________ of the decedent and is an interested person as defined by the laws of this State. 5.T he dec edent died on ___________________ at the age of ______. 6.At the time of death, the decedent was domiciled in _________________, County of __________, State of __________. 7.So far as known or ascertainable with reasonable diligence by the Applicant, the names and addresses of the decedent's surviving spouse or reciprocal beneficiary, children, heirs, and devisees, and the age of any who are minors, are: Name and Address Relationship/Interest Age, if Minor ) 8.Venue for this proceeding is i n this Court because at the time of death, ______________________________________________________________________________ 9.The names and addresses, and states i n which appointed, of personal representatives of the decedent whose appointments have not been terminated are (if none, state none): ____________________________________________________________________________________ 10.Applicant has not received a demand for notice and is not aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this State or elsewhere, except the following (if none, state none ): __________________________________________________________________________________ 11.The time limit for informal probate and appointment as provided in HRS Section 560:3-108 has not expired because: __ five years or less have passed since the decedent's death __ circumstances as described by section 560:3-108 authorizing tardy probate or appointment have occurred (specify):_____________________________________________________. 12.The name, address and priority of appointment under HRS Section 560:3-203, of the proposed Personal Representative are: ____________________________________________________________________________________ __ With Priority under Will __ Under HRS §560:3-203 __ Other (explain): ___________________ The nominee is ____________________________________________________ . The nominee submits to the jurisdiction of this Court. Other persons having a greater or equal priority to appointment under HRS Section 560:3-203 are (if none, state none): _____________________________________________________________________________ 13.The original of decedent's _________________ dated _____________________, ____________ this application. 14.Applicant believes the _______________ to have been validly executed. 15.After the exercise of reasonable diligence, applicant is unaware of any instrument revoking the _______________ . Applicant believes that the instrument which is the subject of this application is the decedent's Last Will and is not one of a series of testamentary instruments, other than a will and its codicils, the latest of which does not expressly revoke the earlier. _______________________________________________________________________________________________________________________ APPLICATI ON FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE WHEREFORE your applicant requests that said _______________________________________ be informally probated; that ___________________ be informally appointed as personal representative, __ without bond __ with bond in the amount of __________________ in an unsupervised administration; that upon qualification and acceptance, Letters Testamentary be issued to __________________; and other relief be granted as may be proper. APPLICANT UNDERSTANDS THAT THIS DOCUMENT IS DEEMED TO INCLUDE AN OATH, AFFIRMATION, OR STATEMENT TO THE EFFECT THAT (1) ITS REPRESENTATIONS ARE TRUE AS FAR AS APPLICANT KNOWS OR IS INFORMED, (2) IT IS NOT BEING PRESENTED FOR AN IMPROPER PURPOSE, SUCH AS TO HARASS OR CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION, AND (3) THAT PENALTIES FOR PERJURY MAY FOLLOW DELIBERATE FALSIFICATION. DATED: ________________________, Hawaii, ________________, _______. _________________________________________ Applicant Printed Name: ______________________ This ____ - page Application for Informal Appointment of Personal Representative, dated ______________________, was subscribed and sworn to before me this ____ day of _______________, 20____, in the __________ Circuit of the State of Hawaii, by __________________________. ________________________________ Print name:_______________________ Notary Public, State of Hawaii My Commission expires: ___________ Hawaii Probate Rule 5(b) Certification: ______________________________________ Attorney Signature Printed Name: _________________________ Attorney for Applicant ___________________________________________________________________________________________________________________ APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE

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