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  • Porter DeVries

Informal Probate

In Hawaii, estates that include real property must go through probate. The executor of the will must initiate probate proceedings in order to obtain the legal authority to convey the property to the heir or heirs, in accordance with the terms of the will. Persons other than the executor can initiate probate, but they will not necessarily be granted any authority to act for the deceased. The informal probate process is not monitored by the court and, once the Letters Testamentary are signed by the judge and filed by the court, the executor can take control of the assets of the estate and make the necessary distributions.


Informal probate is a relatively easy type of court case because it is based upon full agreement among the family members and heirs of the deceased. If there is ANY likelihood that a member of the family or an heir (or a disinherited heir) could object to any actions being taken, then informal probate is inappropriate, and a formal probate proceeding should be initiated.


Losing a loved one is stressful enough, so disagreements and disputes among families (and heirs/disinherited-heirs) should stay out of the courts. A person’s last will should be honored and respected by everyone who is affected by it. When interested parties reach an agreement to resolve a dispute before or during the probate process, an informal probate can proceed. But that agreement should be clearly stated in a signed written document.


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