What to Do When Someone Dies in Kalawao County, Hawaii

Probate in Kalawao County runs through the Second Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Kalawao County, settling their estate runs through the Second Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Second Circuit Court

Kalawao County · 2nd Circuit

Address

Hoapili Hale, 2145 Main Street, Suite 106Wailuku, HI 96793-1679

Fax

808-244-2777

Hours

Office: 7:45 AM - 4:30 PM, Mon-Fri; Counter: 8:00 AM - 4:00 PM (except State holidays)
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Departments

  • Estate & Guardianship808-244-2939
  • Legal Documents/File Room808-244-2969
  • Molokai District Court (nearest district court to Kalaupapa)808-553-1100Second Circuit district court closest to the Kalaupapa peninsula. Closed 11:30 AM - 12:30 PM for lunch.

Kalawao County (FIPS 15005) is a Census-recognized county-equivalent consisting of the Kalaupapa, Kalawao, and Waikolu portions of Molokai (HRS 326-34(a)). It has no county council, mayor, or independent court system; under HRS 326-34(b) it is governed by the Hawaii Department of Health. Probate matters are heard by the Second Circuit Court in Wailuku because HRS 603-1(2) places the entire island of Molokai in the Second Circuit and HRS 560:3-201(a) places venue in the circuit of the decedent's domicile. Practical filing/contact info on this entry mirrors the Maui Second Circuit entry; the Kalaupapa peninsula is accessed primarily by air or mule trail and most filings are handled by mail or e-filing through JEFS.

Verified July 3, 2026 · Source

How Probate Works in Kalawao County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Kalawao County, probate runs through the Second Circuit Court at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. The court sits in the 2nd Circuit. The same 2nd Circuit also serves Maui.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Hawaii intestacy law when there is no will.

Most Hawaii estates take 9 months to 15 months to move through this process. The 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Kalawao County

What probate costs in Kalawao County, Hawaii comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Second Circuit Court at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. The court is part of the 2nd Circuit.

Probate matters are handled through Estate & Guardianship, Legal Documents/File Room, and Molokai District Court (nearest district court to Kalaupapa). Filing and payment go through these offices, not the main clerk window.

Hawaii charges $215Haw. Rev. Stat. § 607-5(b)(14), (c)(32); § 607-5.7(a)(2); Hawaii State Judiciary, List of Civil Filing Fees (updated 6/17/2022)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Second Circuit Court (https://jimspss1.courts.state.hi.us/JIMSExternal/login.iface). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Hawaii are negotiated, typically 2.3%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source to 3.6%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Hawaii requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

Probate in Hawaii typically runs 9 months to 15 months, and costs accrue throughout that period.

How to File Probate at the Second Circuit Court

If you're handling probate yourself in Kalawao County, Hawaii, you can file at the Second Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 2nd Circuit.

Filings here are routed through Estate & Guardianship, Legal Documents/File Room, and Molokai District Court (nearest district court to Kalaupapa). Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Kalawao County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Wills submitted for probate proceedings

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Second Circuit Court is realistic.

For a full cost comparison and filing checklist, see the Kalawao County Self-Filing Assessment.

What to Bring

To file at the Second Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Kalawao County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Bureau of Conveyances.

Deeds and other real property documents for Kalawao County are recorded with the Bureau of Conveyances, led by Registrar of Conveyances Mike H. Imanaka, at 1151 Punchbowl Street, Room 120, Honolulu, HI 96813. Phone: 808-587-0147. Hours: Office: 7:45 AM - 4:30 PM, Mon-Fri; Recording Window (Rooms 120 & 122): 8:01 AM - 3:29 PM, Mon-Fri; Public Research Room (Room 123): 8:15 AM - 3:30 PM, Mon-Fri. Closed State holidays. Hours may change on short notice due to staffing.

Documents submitted by mail go to P.O. Box 2867, Honolulu, HI 96803.

The Bureau of Conveyances charges $41 for 1-50 pages, $106 for 51+ pages.

Kalawao County accepts electronic recording through Simplifile / CSC / Indecomm / ePN.

Recording Office Record

Bureau of Conveyances

Kalawao County · Registrar of Conveyances · Mike H. Imanaka

Address

1151 Punchbowl Street, Room 120Honolulu, HI 96813Mailing: P.O. Box 2867, Honolulu, HI 96803

Fax

808-587-0136

Hours

Office: 7:45 AM - 4:30 PM, Mon-Fri; Recording Window (Rooms 120 & 122): 8:01 AM - 3:29 PM, Mon-Fri; Public Research Room (Room 123): 8:15 AM - 3:30 PM, Mon-Fri. Closed State holidays. Hours may change on short notice due to staffing.

E-recording

Available via Simplifile / CSC / Indecomm / ePNE-recording info →
Visit recorder website →

Recording fees

1-50 pages$41
51+ pages$106
Oversize Document Fee (51+ pages)$65
Transfer tax on a TOD deedExempt

Bureau of Conveyances published fee schedule, eff. 2/27/2017 (dlnr.hawaii.gov/boc/recording-fees-new/, fetched 2026-09-04); rulemaking authority HRS 502-25(a); HAR § 13-16-22(a)(1)-(2) (am. and comp. 2/10/2017) states $35 / $100, raisable under HRS 92-28

Verified September 4, 2026 · Source

Probate Attorneys Serving Kalawao County

Hawaii allows informal probate, so many families settle straightforward estates in Kalawao County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Hawaii are based on reasonable compensation — typically 2.3%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source to 3.6%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Kalawao County firm to quote a structure up front.

A probate attorney files the petition with the Second Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmHonolulu, HI

Cades Schutte LLP

Serves the whole state

Statewide firm headquartered in downtown Honolulu with offices in Kahului, Kona, Lihue, and Waimea. Its Trusts & Estates Group counsels trustees and personal representatives through trust and estate administration, and handles conservatorship and guardianship proceedings and contested trust, estate, conservatorship, and guardianship matters through mediation or litigation.

PracticesEstate PlanningTrust AdministrationTrust LitigationConservatorshipand 4 more

Office
1000 Bishop Street, Suite 1200Honolulu, HI 96813

FirmWailuku, HI

Cain Herren McKelvey, ALC

Serves the whole state

Serves Maui County from Wailuku. Handles probate cases for the administration of a loved one's estate, and prepares wills, revocable living trusts, certifications of trust, trust amendments and restatements, deeds into trust, powers of attorney, and healthcare directives. A general-practice firm whose other practice areas include bankruptcy, family law, and criminal defense.

PracticesEstate PlanningTrust AdministrationProbate Administration

Office
2141 West Vineyard StreetWailuku, HI 96793

FirmHonolulu, HI

Carlsmith Ball LLP

Serves the whole state

Serves Oahu, Hawaii Island, and Maui from offices in Honolulu, Hilo, Kailua-Kona, and Wailuku. Handles probate and trust administration, conservatorships and guardianships, and probate and trust litigation including disputed accountings and breach of fiduciary duty claims, alongside wills and trusts. Represents trustees and fiduciaries of large Hawaii dynastic trusts.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
1001 Bishop Street, Suite 2100Honolulu, HI 96813

Solo PracticeHonolulu, HI

David A. Bernstein, A Law Corporation

Serves the whole state

Serves clients statewide from a Honolulu office, with additional offices listed on Kauai, Maui, Hilo, and Kona. The firm guides personal representatives through probate and represents trustees in trust administration, including inventorying assets, paying debts and taxes, preparing accountings and trust tax returns, and distributing to beneficiaries. A free 15-minute phone consultation is offered.

PracticesEstate PlanningTrust AdministrationProbate Administration

Office
345 Queen Street, Suite 600Honolulu, HI 96813
Free consultation

Solo PracticeHonolulu, HI

Law Offices of Eric S.T. Young, ALC

Serves the whole state

Serves clients throughout Hawaii from Harbor Court in downtown Honolulu. Handles trust, probate, and conservatorship administration and litigation, dispute resolution, and estate planning. A solo practice focused on trusts and estates since 1992; the attorney is an ACTEC Fellow and serves on the Judiciary's Uniform Probate Code and Probate Court Practices Committee.

PracticesEstate PlanningTrust AdministrationTrust LitigationConservatorshipand 2 more

Office
55 Merchant Street, Suite 3000Honolulu, HI 96813

FirmHonolulu, HI

Goodsill Anderson Quinn & Stifel LLP

Since 1878 · Serves the whole state

Serves clients from a Honolulu office at 999 Bishop Street. Its trusts and estates group represents personal representatives and trustees in probate and trust administration, counsels families and fiduciaries on post-death planning such as disclaimers and tax elections, handles will and trust contests and fiduciary litigation, and represents fiduciaries in estate tax audits.

PracticesEstate PlanningTrust AdministrationTrust LitigationGuardianshipand 2 more

Office
999 Bishop Street, Suite 1600Honolulu, HI 96813
See all 13 firms serving Kalawao County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Hawaii statutes and official state code. How we research.