Probate in Kauai County runs through the Fifth 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 Kauai County, settling their estate runs through the Fifth 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
Fifth Circuit Court
Kauai County · 5th Circuit
Address
Pu'uhonua Kaulike, 3970 Ka'ana StreetLihue, HI 96766
District Court CivilLegalDocs.5DC@courts.hawaii.gov
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 service was disabled for Fifth Circuit as of April 25, 2022.
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. 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 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.
Probate matters are handled through Estate and Guardianship, Legal Documents, Civil Division, and Special Services Division. Filing and payment go through these offices, not the main clerk window.
Kauai County runs a probate self-help center (Monday & Thursday, 10:00 AM - 12:00 PM (phone only; physical location temporarily closed)), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 808-909-2836.
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 Fifth 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 Fifth Circuit Court
If you're handling probate yourself in Kauai County, Hawaii, you can file at the Fifth 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 5th Circuit.
Filings here are routed through Estate and Guardianship, Legal Documents, Civil Division, and Special Services Division. 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 Kauai 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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Fifth Circuit Court is realistic. Kauai County has a self-help center that assists people filing without an attorney.
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 Petitions: Do NOT efile directly through JEFS. Submit unfiled original in paper form to the court. Ex parte petitions efiled directly will be processed without opportunity for correction.
Case Type Notation: Documents must note proceeding type (Small Estate, Informal, Supervised, Will Deposit, Demand for Notice, No Fault, or Determination of Death). When a proceeding changes form, the same case number (P. No.) is used throughout.
Document Requirements
Death Certificates: Must be filed as sealed documents per Hawaii Rules of Probate Rule 3 (confidential by rule).
What to Bring
To file at the Fifth 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 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, 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.
Kauai County accepts electronic recording through Simplifile / CSC / Indecomm / ePN.
Recording Office Record
Bureau of Conveyances
Kauai County · Registrar of Conveyances · Mike H. Imanaka
Address
1151 Punchbowl Street, Room 120Honolulu, HI 96813Mailing: P.O. Box 2867, Honolulu, HI 96803
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.
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
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 — 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 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.
PracticesEstate PlanningTrust AdministrationAsset ProtectionLong Term CareProbate 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.
Serves Kauai from Lihue. Glen T. Hale has practiced law on Kauai for over eighteen years with a focus on real estate, condominium law, estate planning, and business transactions. Licensed in both Hawaii and Utah.
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 Kauai from Lihue. Sherman Shiraishi has 47 years of experience practicing law on Kauai, admitted to the Hawaii bar since 1979. Handles estate planning, business law, and real estate matters.
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.
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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