Borthwick Kauaʻi Mortuary is a Poʻipū Road landmark in old Koloa town, near St. Raphael Church, and has served families on Kauaʻi since 1928. Its chapel seats up to 150 guests and has audiovisual equipment and an outdoor dining area for catered receptions.
What to Do When Someone Dies in Kauai County, Hawaii
How probate works in Kauai County: the Fifth Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Kauai County Fifth Circuit Court
Kauai County · 5th Circuit
Phone
Hours
Monday-Friday 7:45 AM-4:30 PM (except state holidays)
Office
Pu'uhonua Kaulike, 3970 Ka'ana Street, Lihue, HI 96766
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
E-filing
Required for attorneysAttorneys must register as JEFS (Judiciary Electronic Filing and Service System) users and file every document through JEFS (HEFSR Rules 4.1(a) and 2.2). A self-represented party may register for JEFS but is not required to, and may keep filing paper documents at the courthouse (HEFSR Rule 4.1(c); JEFS Self-Represented Litigant Guide, April 2023). JEFS requires multi-factor authentication since September 13, 2026. Death certificates are sealed upon filing under Hawaii Probate Rules Rule 3(d). Fifth Circuit civil e-filing questions: 808-482-2673 or JIMSQUERY.5CC@courts.hawaii.gov. On paper: Original wills: after the pleading is e-filed, the original paper will, one copy and a paper copy of the file-stamped pleading are submitted to the clerk (RCCH Rule 2(g)).
Filing in person
Walk-ins acceptedCounter hours are 8 a.m. to 4 p.m. Monday through Friday except state holidays; no appointment is published.
Self-represented filing
AllowedSelf-represented filers may file probate without an attorney; JEFS e-filing is optional for them and paper filing is accepted at the counter (HEFSR Rule 4.1(c); JEFS Self-Represented Litigant Guide). Hawaii does not publish a county-specific probate forms packet.
Self-help center
- Kauaʻi Court Self-Help Center, Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue, HI 967661-808-909-2836 · Monday 9:00 AM-noon; Monday, Thursday 10:00 AM-noon (first Monday in person, other Mondays and Thursdays by phone)Walk-ins are welcome for in-person services on the first Monday of the month from 9 a.m. to noon. On all other Mondays and Thursdays only phone consultations are available from 10 a.m. to noon: call during operating hours, listen to the recorded message and leave a voicemail, and someone calls back to complete intake; no messages are taken when the center is closed. Volunteer attorneys and Legal Aid staff give limited legal information on District and Family Court civil matters (landlord-tenant, collection, temporary restraining orders, divorce, custody), not probate.
Fax
1-808-482-2553
Departments
- Estate and Guardianship1-808-482-2343
- Legal Documents (Document Filing, Notary Authentication, Forms, Civil Case Assignments)1-808-482-2330 · legaldocs.5cc@courts.hawaii.gov
- Civil Division (Small and Regular Claims, non-family TROs, Landlord-Tenant)1-808-482-2303
- Family Court Civil Clerks (Guardianship, Adoption, CPS, Juvenile)1-808-482-2611
- Special Services Division1-808-482-2570
- Jury Information Line1-808-482-2331
- Traffic Operations Division1-808-482-2355
- Law Library1-808-482-2327
- Fiscal Office (Accounting and Purchasing)1-808-482-2340
- Chief Court Administrator1-808-482-2308
- District Court Civil Document Requestslegaldocs.5dc@courts.hawaii.gov
- ADA Accommodation Requests1-808-482-2347 · adarequest@courts.hawaii.gov
About the court
- Fifth Circuit includes the islands of Kauai and Niihau. Children's Justice Center: 4473 Pahee St., Suite M, Lihue, HI 96766 (808-246-0923). Document Drop-off was disabled for the Fifth Circuit on April 25, 2022.
Verified October 15, 2026 · Source
How Probate Works in Kauai 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 Kauai, probate runs through the Fifth Circuit Court at Pu'uhonua Kaulike, 3970 Ka'ana Street, Lihue. The court sits in the 5th Circuit.
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. Creditors have 4 monthsHRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Kauai County
What probate costs in Kauai 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 Fifth Circuit Court at Pu'uhonua Kaulike, 3970 Ka'ana Street, Lihue. The court is part of the 5th Circuit.
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 Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Hawaii are negotiated, typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Hawaii allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payHRS § 560:3-719 (reasonable compensation; no statutory percentage; the § 607-18 percentage schedule applies to trustees, not personal representatives)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Probate in Hawaii typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Fifth Circuit Court
Probate cases in Kauai County, Hawaii are filed at the Fifth Circuit Court. The court sits in the 5th Circuit.
Beside the filing office, the court lists separate lines for Estate and Guardianship, Legal Documents, Civil Division, and Family Court Civil Clerks.
Walk-ins are welcome for in-person services on the first Monday of the month from 9 a.m. to noon. On all other Mondays and Thursdays only phone consultations are available from 10 a.m. to noon: call during operating hours, listen to the recorded message and leave a voicemail, and someone calls back to complete intake; no messages are taken when the center is closed. Volunteer attorneys and Legal Aid staff give limited legal information on District and Family Court civil matters (landlord-tenant, collection, temporary restraining orders, divorce, custody), not probate.
Can You File Without an Attorney?
In Hawaii, informal probate is availableHRS § 560:3-301Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
For a full cost comparison and filing checklist, see the Kauai County Self-Filing Assessment.
Kauai County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Ex parte motions are e-filed with the proposed order as one document titled "Ex Parte Motion for ______; Order Granting ______"; once the assigned judge signs, court staff separate the order from the motion and e-file it as a stand-alone document.
SourceOne P. No. per decedent: every document in the administration of an estate carries the same P. No., and immediately below it notes the type of proceeding (Small Estate, Informal, Supervised, Will Deposit, Demand for Notice, No Fault, Determination of Death). The notation changes as the proceeding changes form (Hawaii Probate Rules Rule 50(a)).
SourceDocument Requirements
A will to be probated is presented to the clerk with a pleading stating why it is presented. With an e-filed pleading, the filing party then submits to the clerk the original paper will and one copy plus a paper copy of the e-filed pleading bearing the electronic file stamp; with a conventionally filed pleading, the paper will and one copy are submitted with the pleadings (RCCH Rule 2(g)).
SourceDeath certificates are sealed upon filing (Hawaii Probate Rules Rule 3(d)), along with birth and marriage certificates and tax returns.
SourceWhat to Bring
Filed with the opening petition at the Fifth Circuit Court: Death certificate — no statute or probate rule conditions an application or petition on filing one, but the mandatory statewide flag sheet requires the petitioner to state what it shows (HPR Rule 81 / Appendix A Flag Sheets 1-A, 1-B), and the Judiciary describes embossed CERTIFIED copies being submitted, sealed on filing (HPR Rule 3(d); HRS 560:1-311); Original will and any codicils (for testate estates); Application for informal probate / appointment OR petition for formal probate / appointment, verified by the applicant (notarized for informal applications) (HRS 560:3-301; HPR Rule 5(a))Haw. Rev. Stat. ch. 560, art. III (UPC); §§ 560:3-103 (letters), 3-301 to 3-311 (informal), 3-401 to 3-414 (formal)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Kauai County
In Kauai County certified copies of the death certificate come from Hawaii Department of Health - Vital Records Issuance Section; the Local Registrar files the certificate and issues no copies to the public.
Vital Records Office Record
Hawaii Department of Health - Vital Records Issuance Section
Kauai County · State vital records office
Phone
Hours
Monday-Friday 7:45 AM-4:00 PM
Office
201 Merchant Street, Suite 100, City Financial Tower, Honolulu, HI 96813
Website
Certified copies
From Hawaii Department of Health - Vital Records Issuance Section; the Local Registrar files the certificate and issues no copies to the public
Office of Health Status Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801
Certified copy fees
| First certified copy | $10 |
| Each additional copy ordered at the same time | $4 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Kauai County · Kauai Police Department
Verified November 3, 2026 · Source
Funeral Homes in Kauai County
2 funeral homes and crematories in Kauai County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Kauai Memorial Gardens & Funeral Home is on Maalo Road in Lihue: a memorial park founded in 1972, with a funeral home opened on its grounds in 2004, the first combined memorial park and funeral home on Kauai. The park offers traditional ground sites, a mausoleum, a columbarium and a scattering garden, and the funeral home offers pre-planning with pre-payment.
Funeral homes by city: Koloa, Lihue
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Kauai 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 Kauai County are recorded with the Bureau of Conveyances at 1151 Punchbowl Street, Room 120, Honolulu, HI 96813. Phone: 1-808-587-0147. Hours: Monday-Friday 7:45 AM-4:30 PM (except state holidays).
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.
Kauai County accepts electronic recording through Simplifile, CSC, Indecomm and ePN.
Recording Office Record
Bureau of Conveyances
Kauai County
Phone
Hours
Monday-Friday 7:45 AM-4:30 PM (except state holidays)
Office
1151 Punchbowl Street, Room 120, Honolulu, HI 96813
Website
P.O. Box 2867
Honolulu, HI 96803
Fax
1-808-587-0136
Recording fees
| 1-50 pages | $41 |
| 51+ pages | $106 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Bureau of Conveyances published fee schedule, eff. 2/27/2017 (dlnr.hawaii.gov/boc/recording-fees-new/, fetched 2026-10-16); 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 October 16, 2026 · Source
Probate Attorneys Serving Kauai County
Hawaii allows informal probate, so many families settle straightforward estates in Kauai 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, billed hourly or as a flat fee. Ask a Kauai County firm to quote a structure up front.
A probate attorney files the petition with the Fifth 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.
Serves Kauai from Watumull Plaza in Lihue. Handles estate and trust administration for executors and trustees, represents estates, trusts, and will contestants in estate and trust litigation, and provides ancillary probate for out-of-state decedents who owned Hawaii property. Attorneys Cynthia Hannah-White and Katherine A. Caswell work primarily in estate planning and administration.
Serves Kauai from the historic Lihue Plantation building in Lihue. The office assists with administration of probate and trust assets and debts, including probate filings, trust documentation, oversight of distributions to beneficiaries, and deeds and affidavits to transfer property. The practice opened in 2011, after Dawn Murata spent eight years with a Kauai firm.
Law Office of Sherman Shiraishi, ALC
Serves Kauai from Ulu Maika Street in Lihue. A two-attorney office: Mia R. Shiraishi, admitted in Hawaii in 2014, is a member of the Hawaii State Bar Association Probate & Estate Planning section, and Sherman T. Shiraishi has been admitted in Hawaii since 1979.
Kauai office of a Honolulu-based firm, located on Pahe'e Street in Lihue. Its Trusts & Estates practice handles trust administration and probate and guardianship and conservatorship proceedings. Kauai partner Michael D. Scarbo, a Kauai resident since 2003, practices primarily in estate planning and real estate.
Serves all four Hawaii counties from a Honolulu office on Fort Street. Represents parties in probate and trust litigation, including will and trust contests based on undue influence or lack of capacity, disputes among beneficiaries over shares and distributions, and claims against trustees and personal representatives for mismanagement, improper fees, or self-dealing. The firm's page also addresses challenges involving no-contest clauses.
Serves Oahu, Maui, Kauai, and Hawaii Island from downtown Honolulu. Guides personal representatives through probate filings, creditor payments, and distributions, handles small estate procedures, and advises trustees on fiduciary duties, asset management, and distribution in trust administration. Practicing in Hawaii for over 35 years.
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.
Legal Sources
(9)·
- Haw. 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)
- Haw. Rev. Stat. ch. 560, art. III (UPC); §§ 560:3-103 (letters), 3-301 to 3-311 (informal), 3-401 to 3-414 (formal)
- HRS § 560:3-301
- HRS § 560:3-719 (reasonable compensation; no statutory percentage; the § 607-18 percentage schedule applies to trustees, not personal representatives)
- HRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)
- Bureau of Conveyances published fee schedule, eff. 2/27/2017 (dlnr.hawaii.gov/boc/recording-fees-new/, fetched 2026-10-16); 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
- Kauai Fifth Circuit Court, official page
- Kauai County Bureau of Conveyances, official page
- Kauai County vital records and death investigation offices, official page
Data sourced from Hawaii statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Hawaii
Free tools for settling an estate in Hawaii: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Hawaii.
How Do I Settle an Estate?
Settling an estate in Hawaii: the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsHRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Hawaii happens outside court: the trustee acts under the state's Uniform Trust CodeHRS Ch. 554D (Uniform Trust Code)Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysHRS §§ 554D-813, 554D-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Hawaii, informal probate is availableHRS § 560:3-301Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
Get the Answer
Hire a Hawaii Probate Attorney
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