Petition For Determination Of Heirs

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.

Petition For Determination Of Heirs 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 Petition For Determination Of Heirs

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Determination Of Heirs:

• 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 7-19 - Petition For Determination Of Heirs 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 7-19, 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 7-19 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 7-19 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 Petition For Determination Of Heirs 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 7-19 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 7-19, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Determination Of Heirs 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 7-19 - Petition For Determination Of Heirs 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.

Petition For Determination Of Heirs 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 7-19 - Petition For Determination Of Heirs. You can use this to get an idea of the context of the form and what type of information is needed.

FORM 7-19 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 ) ) PETITION FOR DETERMINATION OF ) HEIRS; EXHIBITS A-C; ORDER ________________________, ) FOR SERVICE; NOTICE; SUMMONS ) Deceased. ) ) ____________________________________) PETITION FOR DETERMINATION OF HEIRS Comes now Petitioner, _______________, ___________________(relationship) of the above-named decedent, through his/her attorney, and petitions the Court for the determination of heirs of __________________, deceased, and alleges as follows: 1. This petition is filed under HRS Section 560:1-302(a)(1) and Hawaii Probate Rule 73. 2. This petition is being brought before this Court to determine the heirs of the decedent in order to vest ownership in certain real property in the County of ___________, State of Hawaii, owned at the time of decedent's death by decedent, but which has never been probated. 3. ___________________ died on ___________, and more than five (5) years have passed since the date of ________________’s death. A certified copy of the death certificate of ____________________ is being filed under seal concurrently herein. 4. ____________________ died leaving real property located at ________________________________________, Tax Map Key Number _________________, more fully described in Exhibit C attached hereto and made a part hereof, which property is located in this judicial circuit. 5. There has been no administration of the Estate of ___________________, and no judicial determination and declaration of the heirs of _________________ has heretofore been made. 6. Due search and inquiry have been made to ascertain whether or ____________________ left any Last Will and Testament, but none has been found and to the best of the Petitioner's knowledge, information and belief, ___________________ died intestate. 7. The law determining those persons who are the heirs at law of ____________________ at the time of ____________________'s death is as follows: ______________________________________________________________________________ 8. The names and, to the extent known, the address of the heirs at law of ____________________ at the time of ____________________ ‘s death are as follows: Name and Address Relationship/Interest Birthdate (If Minor) _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ 9.To the extent known, the names and addresses of the currently-living heirs at law of _________________ are: Name and Address Relationship/Interest Birthdate (If Minor) _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ _______________________________________ _________________ __________________ 10. There are no persons other than those named in paragraphs 8 & 9 above who are interested in these proceedings, but there may be other persons who are not known and cannot be found who are interested in said proceedings. WHEREFORE, Petitioner prays as follows: A. That this Court set a date, time and place for the hearing of this petition. That process issue out of this Court summoning the still living heirs of the above-captioned Decedent, if any, to appear and answer this petition. B. That service herein be made by publication as authorized by law directed and addressed to all persons, known or unknown, having or claiming to have any right, title or interest in the subject matter of these proceedings, to be published in _________________________________, a newspaper of general circulation printed and published in the City and County of _________________________, State of Hawaii, once a week in each of three consecutive weeks, the last publication to be not less than ten (10) days prior to the time appointed for said hearing. C. That upon and following the hearing of this Petition, this Court find and determine: 1. ____________ is dead; 2. _______________ left no valid will and, therefore, died intestate; 3. There are no known probate or appointment proceedings concerning _____________ that may have been filed in this State or elsewhere; 4.The heirs-at-law of ____________________ are: ______________________________________________________________________________ 5.Title to the real property located at ___________________________________________; Tax Map Key Number ______________ is properly and fully vested in ____________________ . D.That the order issuing from this Court be recorded in the Bureau of Conveyances of the State of Hawaii. E.For such other and further relief as this Court may deem just and equitable in the premises. PETITIONER 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 PETITIONER KNOWS OR IS INFORMED, (2) IS NOT BEING PRESENTED FOR AN IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION, AND (3) PENALTIES FOR PERJURY MAY FOLLOW DELIBERATE FALSIFICATION. DATED: ________________________, Hawaii, ________________, _______. _________________________________________ Attorney for Petitioner Printed Name: ______________________ Hawaii Probate Rule 5(b) Certification: ______________________________________ Attorney Signature Printed Name: _________________________ Attorney for Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) ORDER FOR SERVICE ) ________________________, ) ) Deceased. ) ____________________________________) ORDER FOR SERVICE Upon reading and filing the Petition for Determination of Heirs filed in this Court and cause on _____________ , and it appearing to the satisfaction of the Court that there may be other known or unknown persons who cannot be found, having or claiming an estate, right or interest in the subject matter of these proceedings or being otherwise concerned in these proceedings, NOW, THEREFORE, IT IS HEREBY ORDERED that service upon all persons, known or unknown, having or claiming an estate, right or interest in the subject matter of these proceedings or being otherwise concerned in these proceedings, and who are not otherwise served with proceeds herein, by publication of a notice of pendency of these proceedings in _ _______________________, once a week in three consecutive weeks, the last publication to be not less than ten (10) days prior to the time appointed for said hearing, calling upon said persons and each of them to answer or otherwise plead to the Petition filed herein on or before . DATED: ________________________, Hawaii, ________________, _______. ________________________________ Judge of the Above-Entitled Court IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) SUMMONS ) ___________________________, ) ) Deceased. ) ____________________________________) SUMMONS THE STATE OF HAWAII TO: HEIRS OF ______________________, Deceased, and every other person having or claiming an estate, right or interest in and to the subject matter of these proceedings or being otherwise concerned in these proceedings: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon _______________________, Attorney for Petitioner, _____________________, whose mailing address is ___________________________________________, and to file in this Court an answer to the Petition which is herewith served upon you within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petition. DATED: ________________________, Hawaii, ________________, _______. __________________________________ Clerk of the Above-Entitled Court CIRCUIT COURT NOTICE P.NO. ___________________ I N THE MATTER OF THE DETERMINATION OF THE HEIRS OF ___________________, also known as _____________________, DECEASED NOTICE IS HEREBY GIVEN that pursuant to an Order of the above-entitled Court filed ____________, the Petition for Determination and Declaration of Heirs and of Devolution of Title to Real Property of ____________________, Deceased, so as to ascertain the rightful heirs to a portion of a parcel of land situate at ____________________________. County of __________________, City of __________________, State of Hawaii, more fully described in said Petition, will be heard on ________________, the ______ day of ________________________, _________ at _______o'clock ______, in the courtroom of the presiding Judge of the above-entitled Court, in ____________, Hawaii. All persons interested are hereby entitled to appear at said time and place. DATED: _________________, Hawaii, _________________, ________. _______________________________ Clerk of the Above-Entitled Court Attorney's Name: ________________________________________ Attorney's Address: ______________________________________ Attorney's Telephone Number: _____________________________ Attorney for Petitioner, ______________________ Newspaper: ______________________________________