Hawaii Probate Form

Probate Checklist – Formal

Everything you need to know about Hawaii Form Probate Checklist – Formal, 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 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.

How to file Form Probate Checklist – Formal

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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Probate Checklist – Formal 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 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.

How to Download, Open, and Edit this form Online

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.

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Did you know?

  • Form Probate Checklist – Formal 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 Probate Checklist – Formal

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 Probate Checklist – Formal

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.

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