Estate Planning & Probate in Maui County, Hawaii
Maui County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. This page points you to the right path—planning ahead, or settling an estate at the Second Circuit Court.
Someone died — settling an estate
Filing probate at the Second Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Maui County →Planning ahead as a property owner
Keep a Maui County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Maui County →The Probate Process in Maui 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 Maui, 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 Kalawao.
Full Maui County probate guide: cost, how to file & attorneys →Probate Court Record
Maui County Second Circuit Court
Maui County · 2nd Circuit
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
How to file probate in Maui County →
Verified October 15, 2026 · Source
Recording Office Record
Bureau of Conveyances
Maui County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Hawaii Department of Health - Vital Records Issuance Section
Maui County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Maui County · Maui Police Department
Phone
Office
Website
Release of remains
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Second Circuit Court
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. The phone line is answered only while the center is open and not operating in person, and takes no voice messages when closed. The volunteer Court Navigators answer questions about court resources, locations and procedures for Second Circuit cases by email, usually within one business day; they cannot give legal advice.
Ex parte motions are e-filed with the proposed order as one document titled "Ex Parte Motion for [fill-in]"; the assigned judge reviews it and court staff e-file a separate order granting or denying it. The proposed order for the judge’s signature carries the attorney caption. One 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)).
Forms for Planning and Settling an Estate in Hawaii
Free Hawaii forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Hawaii.
Last Will and Testament
In Hawaii, a will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyHRS § 560:2-502Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Hawaii, a pour-over will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Hawaii allows a choice for a healthcare power of attorney: 2HRS § 327E-16Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Hawaii treats a power of attorney as durable by defaultHRS § 551E-3, § 551E-5, § 551E-9, § 551E-15, § 551E-16, § 551E-31, § 551E-47, § 551E-51 (L 2014, c 22); HRS § 502-84, § 501-174 (recording)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementHRS § 551E-3, § 551E-5, § 551E-9, § 551E-15, § 551E-16, § 551E-31, § 551E-47, § 551E-51 (L 2014, c 22); HRS § 502-84, § 501-174 (recording)Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Hawaii
Free calculators and checklists to plan or settle an estate in Hawaii: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Hawaii, estates valued at $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or less skip probate with the Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Hawaii, a surviving spouse takes the entire estateHRS § 560:2-102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationHRS § 560:2-106Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Hawaii costs an estimated $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Hawaii Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Maui County.
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