Probate Checklist – Formal

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.

Probate Checklist – Formal 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 Probate Checklist – Formal

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Probate Checklist – Formal:

• 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 Probate Checklist – Formal 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 Probate Checklist – Formal, 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 Probate Checklist – Formal 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 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 Probate Checklist – Formal 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 this form 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 Probate Checklist – Formal, and when in doubt— consult a qualified trust & estates lawyer for that area.

Probate Checklist – Formal 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 Probate Checklist – Formal 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.

Probate Checklist – Formal 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 Probate Checklist – Formal. You can use this to get an idea of the context of the form and what type of information is needed.

PROBATE CHECKLIST - FORMAL NAME OF DECEASED__________________________________ LEGEND: NA-NOT APPLICABLE, A-ATTORNEY, P-PARALEGAL PERSON RESPONSIBLE FOR ACTION DESCRIPTION OF ACTIVITY NA A P DUE DATE DATE DONE 1. (Optional) Deposit Will with Clerk (Haw. Prob. R. 74 (2008)) 2. Check with Clerk of court in circuit of residence and where deceased owned property for demand for notice and for probate proceedings. 3. If proposed personal representative a non-resident, include in petition or prepare instrument submitting to jurisdiction. (Haw. Prob. R. 87 (2008)) 4. Prepare and file a. Petition for Formal Probate of Will and Appointment of Personal Representative or Petition for Adjudication of Intestacy and Appointment of Personal Representative File original Will, if not already deposited b. Acceptance of Appointment c. Bond, if required d. Affidavit - proof of Will if needed e. Renunciation, if applicable f. Order for Notice of Hearing g. Notice to Creditors i. File with Clerk ii. Send copy to newspaper iii. Check whether newspaper filed affidavit of publication with Clerk iv. Note end of claims period on Deadline List v. Mail or deliver copy of Notice to all known creditors h. Flag Sheet – file no later than 10 days before hearing 5. If bond required, arrange application with surety bond company and have personal representative execute application and bond. File executed bond with Clerk. 6. File Petition with Clerk Filing fee of $200.00 File certified death certificate (under seal), if not already deposited. Clerk will assign hearing date and issue order and notice. 7. Mail copy of Petition, Will, Order for Notice and Notice of Hearing to all interested persons 8. Remind personal representative of hearing date and whether presence required. a. In case of intestacy, will testimony be required. b. Is Will self-proved? c. If not, affidavit of witnesses, prepare, have signed and file. d. Contact witnesses and inform them of date, time and place of hearing. 9. If any interested parties are minors or incompetents, consider need for appointment of guardian ad litem, and prepare form of Order Appointing Guardian ad Litem 10. Proof of Service on all interested persons. Prepare and file, with return receipts from certified mail. 11. Attend hearing, unless waived. If applicable, present witnesses and nominated personal representative. 12. Following the hearing, prepare and submit to Judge, Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative, or Order of Intestacy and Formal Appointment of Personal Representative and Letters. Submit enough copies of Letters. 13. Insert in Deadline List and MIL: a. Date of Order of Appointment and Admitting Will to Probate, if applicable b. Date of Letters c. Date bond approved and filed 14. After filing of appointment Order and Letters, send Information of Appointment to interested persons and file copy, with proof of service with Clerk. 15. Prepare and send to personal representative, letter outlining duties and procedures 16. Advise personal representative to establish bank account for the estate. Establish accounting system for the estate 17. Determine rights, if any, of spouse or reciprocal beneficiary and children to: a. Homestead allowance. b. Exempt property allowance. c. Family allowance. 18. Prepare and file Inventory signed by personal representative and attorney. 19. If more assets are discovered after Inventory is filed, or if there are corrections, prepare and file Supplemental Inventory. 20. At end of claims period (4 months after notice to creditors is published) check Court file to see if any claims presented to Court. 21. If estate to remain open more than one year, prepare and file interim accounts, annually, until estate is closed 22. If estate is open longer than two taxable years, estimated quarterly tax payments must be made to I.R.S. and Hawaii Department of Taxation.