Serving families on Oʻahu and throughout Hawaiʻi
Probate in Hawaiʻi
Probate is the legal process of settling a person’s estate after death, whether or not they had a will. A court-appointed personal representative is responsible for gathering assets, paying valid debts and taxes, and distributing the remaining property to the appropriate beneficiaries or heirs. Not every estate requires probate, and understanding what’s necessary can be confusing. At 808 Estate & Elder Law, we help personal representatives and families on Oʻahu and throughout Hawaiʻi understand their responsibilities and work through each step of probate.
Settling a trust instead? See Trust Administration.
Is this you?
What’s included
How it works
01
Initial consultation
A short conversation about your situation and how we can help.
02
Engagement
If we’re a good fit, you receive an engagement agreement before work begins that sets out the fees and exactly what we’ll handle.
03
Knowing what’s ahead
We review the estate in detail and map out the steps, deadlines and filings your matter needs.
04
Administration
We prepare court filings and notices and advise you at each decision point.
05
Closing
Guidance on final distributions and the steps to close the estate.
Why work with Malia
Malia I. Alexander has done the work of a personal representative firsthand, making the decisions while also serving as the attorney. She knows what the role asks of a family member: the paperwork, the questions from relatives, and the pressure to get it right.
Certified Elder Law Attorney
National Elder Law Foundation
Certified Trust & Fiduciary Advisor
The Supreme Court of Hawaiʻi grants Hawaiʻi certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Common Questions
Does every estate in Hawaii go through probate?
No. Property held in a properly funded trust, held jointly with right of survivorship, or passing by beneficiary designation generally passes outside probate. Some smaller estates may qualify for a simplified process instead of full probate.
Who can serve as personal representative?
Usually the person named in the will. If there is no will, or that person can’t serve, Hawaiʻi law sets an order of priority, starting with the surviving spouse and then other heirs.
How long does probate take in Hawaii?
It’s common for probate to take a year or longer, depending on the property involved, creditor claims, tax filings, whether real estate needs to be sold, and whether anyone contests the estate.
What does a personal representative do?
The personal representative collects and protects the estate’s property, notifies heirs and creditors, pays valid debts and taxes, keeps records, and distributes what remains under the will or Hawaiʻi law.
There’s a trust too. Do we still need probate?
Sometimes. Property that was never transferred into the trust may still need to go through probate, often under a will that directs it into the trust. We can help with both.
Can I serve as personal representative if I live outside Hawaii?
Often, yes. We’ll talk through what your role would involve.
I’m an heir or beneficiary. Can you help me?
Yes. We can explain what the personal representative is required to do and review whether the estate is on track.
Recently lost someone and not sure where to start?
Initial consultations are complimentary (see consultation terms).
Opens a short form on our intake page. We aim to reply within two business days. Prefer to talk? Call (808) 215-6888.