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States→Hawaii→Maui County

How Does Probate Work in Maui County, Hawaii?

Losing someone you love is hard enough without the confusion of legal paperwork. In Maui, estate size determines the process—smaller estates under $100,000 can often avoid full probate. The Second Circuit Court has a self-help center for families filing without an attorney.

OverviewCosts & FeesHow to FileFind Attorneys

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 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 monthsHRS § 560:3-1201Verified May 30, 2026 to 15 monthsHRS § 560:3-1201Verified May 30, 2026 to move through this process. The 4 monthsHRS § 560:3-803(a)(1)Verified May 30, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

Filing at the Second Circuit Court

Probate cases in Maui County are filed with the Second Circuit Court, located at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku, HI 96793-1679. The clerk's office is open Office: 7:45 AM - 4:30 PM, Mon-Fri; Counter: 8:00 AM - 4:00 PM (except State holidays). Reach the clerk at 808-244-2706.

The court offers a self-help center, open 2nd & 4th Thursday, 10:00 AM - 1:00 PM (in-person); other Mon/Thu, 10:00 AM - 1:00 PM (phone). Staff can review paperwork for completeness and explain procedures, though they cannot provide legal advice. Call 808-909-2841 for details.

Attorneys must e-file in Maui County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.

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.

The court operates across 7 locations in Maui County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.

First Steps After a Death in Maui County

Handling an estate in Maui County, Hawaii means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Second Circuit Court at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. The court is part of the 2nd Circuit.

Probate matters here are routed through Chief Court Administrator, Court & Operational Support Services, Estate & Guardianship, and Legal Documents/File Room. Knowing which office handles what saves time during the first few weeks.

Maui County runs a probate self-help center (2nd & 4th Thursday, 10:00 AM - 1:00 PM (in-person); other Mon/Thu, 10:00 AM - 1:00 PM (phone)) where staff can review your paperwork and explain procedures, though they can't give legal advice on a specific case. Call 808-909-2841.

Maui County has local procedures worth knowing before you start: 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; Death Certificates: Must be filed as sealed documents per Hawaii Rules of Probate Rule 3 (confidential by rule); 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.

Do I Need Probate?

Whether probate is necessary in Maui depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Second Circuit Court at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. The court sits in the 2nd Circuit.

Maui County has local procedures that affect when and how to 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; Death Certificates: Must be filed as sealed documents per Hawaii Rules of Probate Rule 3 (confidential by rule).

Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Second Circuit Court.

Estates valued under $100,000HRS § 560Verified May 30, 2026 may qualify for a simplified Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified May 30, 2026 in Hawaii. Above that threshold, full probate through the Second Circuit Court is typically required.

See what portion of this estate may require probate:

Opening probate at the Second Circuit Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.

Hawaii allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.

The Second Circuit Court offers informal probate for uncontested estates — less court involvement and a faster process when all beneficiaries agree.

Who Inherits Without a Will?

Without a valid will, inheritance in Maui is governed by Hawaii statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.

See how this estate would be distributed:

Surviving spouses in Hawaii can elect to take 50%HRS §§ 560:2-202, 560:2-211 (am L 2023, c 158)Verified May 30, 2026 of the estate regardless of the will. This election must be filed at the Second Circuit Court within 270 daysHRS §§ 560:2-202, 560:2-211 (am L 2023, c 158)Verified May 30, 2026 of receiving probate notice.

The Second Circuit Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.

Creditors must be notified through newspaper publication in Maui County for 2HRS §§ 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 May 30, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 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 May 30, 2026 from first publication.

Hawaii has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.

Property owned in other states requires separate "ancillary" probate proceedings in each state. Hawaii recognizes out-of-state personal representatives, which simplifies the process for families.

SimplyTrustSimplyTrust Editorial·Updated May 30, 2026

Legal Sources

  • HRS § 560
  • HRS § 560:3-1201
  • HRS § 560:3-803(a)(1)
  • HRS §§ 560:2-202, 560:2-211 (am L 2023, c 158)
  • 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)

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

Frequently Asked Questions

The Second Circuit Court for Maui County is located in Wailuku, Hawaii. Full address, phone, hours, and e-filing details are listed on this page.

A simple probate in Hawaii typically closes in 6–9 months. Average estates run 9–15 months. Complex estates with disputes or tax issues can take 15–30 months. Timing in Maui County tracks the state range unless the docket is unusually backed up.

No. Hawaii allows estates under $100,000 to use a Affidavit for Collection of Personal Property and skip formal probate. There is no statutory waiting period. Use the Hawaii probate decision tool to see if the estate qualifies.

When there is no will, Hawaii's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Maui County probate court applies the state rules without variation. See who inherits in Hawaii for the exact order.

A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Maui County probate docket. Create a revocable trust online to avoid putting your family through this process later.

Second Circuit Court

Maui County

Hoapili Hale, 2145 Main Street, Suite 106

Wailuku, HI 96793-1679

Phone:

808-244-2706

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 Available
E-Filing Optional

Hawaii Estate Law

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Notify Banks & Financial Institutions

Each institution has a separate death claim process. Find yours below.

American Savings Bank

American Savings Bank logo

Bank serving Hawaii

American Savings Bank

Bank of Hawaii

Bank of Hawaii logo

Bank serving Hawaii

Bank of Hawaii

Bank of Hope

Bank of Hope logo

Bank serving the West, Southeast, and more

Bank of Hope

CPB

CPB logo

Bank serving Hawaii

CPB

First Foundation

F

Bank serving the West, Southwest, and more

First Foundation

First Hawaiian

F

Bank serving Hawaii

First Hawaiian

Hawaii State FCU

Hawaii State FCU logo

Credit Union serving Hawaii

Hawaii State FCU

HomeStreet

HomeStreet logo

Bank serving the West

HomeStreet

Mechanics Bank

Mechanics Bank logo

Bank serving the West

Mechanics Bank

Acorns

Acorns logo

Brokerage serving all 50 states

Acorns

ADP

ADP logo

Retirement Provider serving all 50 states

ADP

Aetna

Aetna logo

Insurance Company serving all 50 states

Aetna

Notify Government Agencies

State-administered programs an executor handles after a death in Hawaii.

Hawaii Med-QUEST Division — Department of Human Services

Hawaii

Hawaii Med-QUEST Division — Department of Human Services

Hawaii Department of Budget and Finance — Unclaimed Property Program

Hawaii

Hawaii Department of Budget and Finance — Unclaimed Property Program

Hawaii Department of Labor and Industrial Relations — Unemployment Insurance Division

Hawaii

Hawaii Department of Labor and Industrial Relations — Unemployment Insurance Division

State of Hawaii Employees' Retirement System (ERS)

Hawaii

State of Hawaii Employees' Retirement System (ERS)

Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

$

Include home, savings, investments, etc.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

Quick examples:

This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

Hawaii Estate Planning Articles

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