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Hawaii County, HI Probate Information
Quick facts
| Item | Hawaii County detail |
|---|---|
| Court | Circuit Court of the Third Circuit. Probate is heard on the circuit court's probate calendar under HRS 603-21.6. |
| Probate counter | Estate and Guardianship, (808) 961-7650 |
| Courthouse address | Hale Kaulike, 777 Kīlauea Avenue, Hilo, HI 96720-4212 |
| Mailing address | Same as the physical address. |
| Document filing counter | Legal Documents, Hale Kaulike, (808) 961-7400 |
| Hours | Office hours are 7:45 a.m. to 4:30 p.m. Monday through Friday, except State holidays. Counter hours are 8 a.m. to 4 p.m. Monday through Friday, except State holidays. |
| Filing fee | Hawaii's probate filing fee is set by statute in three pieces: $100 to open a decedent's estate, paid once only for each estate and unchanged in Act 298, Session Laws of Hawaii 2025 (HRS 607-5(b)(14)); a $50 administrative charge on civil filings under current HRS 607-5(c)(32); and a $65 indigent legal services surcharge on an initial circuit court civil filing, effective January 1, 2014 (HRS 607-5.7(a)(2)). The Judiciary does not publish a combined probate figure, so confirm the total at (808) 961-7650 before you write the check. |
| Local forms | Yes. The Third Circuit lists three probate forms: 3C-E-023 Creditor's Claim (03/07), 3C-E-210 Affidavit for Collection of Personal Property of the Decedent (08/14), and 3C-E-312 Affidavit for Collection of Personal Property (Automobile) of the Decedent (08/14). |
| Electronic filing | Probate is JIMS case type LP under Circuit Court Civil, so it is on the Judiciary Electronic Filing and Service System. Attorneys must register unless exempted by the court, and a self-represented party may register for that person's own case under Hawaii Electronic Filing and Service Rules Rule 4.1. |
| Case search | Use the Judiciary's eCourt Kōkua page at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Probate is a Circuit Court Civil case type, LP. |
| Remote appearance | Hawaii Probate Rules Rule 11 lets the court allow a telephone conference or videoconference at the court's discretion. The Third Circuit Zoom sheet lists courtroom meeting IDs, not a probate-specific number. |
| Website | Third Circuit contact page |
Before you begin — know the assets and liabilities
Before filing in Hawaii County, list the assets, debts, beneficiary designations, co-owned property and anything titled only in the name of the person who died. A Hawaii County estate settlement may involve a home or agricultural interest on the island of Hawaii, local bank or credit union accounts, and mainland retirement or brokerage accounts that may not speak with family until letters issue. Sunset's 2,300-institution asset discovery helps build that picture once.
Hawaii has its own estate tax, and the exclusion is $5,490,000 for decedents dying on or after January 1, 2018 (HRS 236E-6). That figure is fixed rather than indexed, so a Hawaii return can be required on an estate that owes nothing federally. The asset picture comes first because estate settlement depends on what the estate actually holds.
Which court handles jurisdiction
Hawaii County is the island of Hawaii and the Third Circuit. HRS 603-1(3) states that the third judicial circuit is the island of Hawaii, and HRS 603-21.6 gives the circuit courts probate authority. Venue for a first probate proceeding is the judicial circuit where the person who died was domiciled (HRS 560:3-201(a)(1)), so a Hawaii County estate is a Third Circuit case.
Probate for Hawaii County is a Third Circuit case. The Estate and Guardianship counter that handles decedents' estates is at Hale Kaulike in Hilo, (808) 961-7650. The Keahuolū Courthouse in Kailua-Kona is the Third Circuit's West Hawaii circuit court location and has its own Legal Documents Section at (808) 322-8750; call before taking a probate filing there.
The Judiciary's local materials divide the island into East Hawaii and West Hawaiʻi services. Hilo serves the East Hawaii community, while Kailua-Kona and Keahuolū serve the West Hawaiʻi community. South Kohala District Court at the Waimea Civic Center in Kamuela is a courthouse building, but district courts do not hear decedents' estates because probate belongs in the circuit courts under HRS 603-21.6.
The jurisdiction process
- Choose the statewide path before filing. Hawaii also lets the clerk of the circuit court be appointed to administer a small estate. Under HRS 560:3-1205, if someone dies leaving property in Hawaii worth $100,000 or less and no personal representative has been appointed, the court may order the clerk of the circuit court where the person lived to administer the estate as personal representative, on a verified petition by the clerk or by any interested person, and the order can be made without notice or a hearing. Proceedings under that part are free from court costs except advertising and administration expenses and a fee of three percent of the market value of the first $100,000 of the gross estate (HRS 560:3-1211). The circuit courts do not publish instructions or a form for this route; ask the Estate and Guardianship counter at (808) 961-7650 whether it is available for your estate.
- Prepare the opening papers. Hawaii has no statewide probate form set, and the Third Circuit forms page does not list a petition or application to open a probate case. Opening papers are drafted documents that follow the Hawaii Probate Rules and any approved model forms under HPR Rules 37 and 38. The Third Circuit does list three probate forms, including two collection by affidavit forms tied to HRS 560:3-1201.
- File at Hale Kaulike, 777 Kīlauea Avenue, Hilo. Paper filings go through the Legal Documents counter, (808) 961-7400. Counter hours are 8 a.m. to 4 p.m. Monday through Friday, except State holidays, even though the office is open until 4:30 p.m.
- If you are on the Kona side, call before going to Keahuolū. Probate for Hawaii County is a Third Circuit case, but the Estate and Guardianship counter for decedents' estates is published at Hale Kaulike in Hilo, (808) 961-7650. Keahuolū Courthouse in Kailua-Kona has a Legal Documents Section at (808) 322-8750; call before taking a probate filing there.
- If you use the Judiciary Electronic Filing and Service System, ask first whether a new probate case can be opened that way when you are self-represented. Probate is JIMS case type LP under Circuit Court Civil. Under Hawaii Electronic Filing and Service Rules Rule 4.1, attorneys must register unless the court exempts them, and a self-represented party may register for a case in which that person is a party.
- If there is a will, plan the paper delivery before filing electronically. Rules of the Circuit Courts Rule 2(g) requires the original paper will, one copy, and a paper copy of the file-stamped electronic pleading to reach the clerk within 1 day of the electronic filing, either in person or by mail postmarked within 1 day.
- Pay the statutory fee components or ask about a waiver before filing. The probate charge has a $100 decedent's-estate component unchanged in Act 298, SLH 2025 (HRS 607-5(b)(14)), a $50 civil-filing administrative charge under current HRS 607-5(c)(32), and a $65 initial-filing surcharge effective January 1, 2014 (HRS 607-5.7(a)(2)). The Third Circuit lists form 3C-P-373 (03/07) for an in forma pauperis request, but ask Estate and Guardianship how it applies to your filing.
- Give the notices the statewide rules require. If publication is required, the local point is that publication is in a newspaper of general circulation in the Third Circuit.
- Watch the hearing paperwork. Hawaii Probate Rules Rule 81 makes an original and 2 copies of a flag sheet mandatory for hearings to admit a will, adjudicate intestacy, appoint a personal representative, confirm a real-property sale, determine an elective share, or approve final accounts. The flag sheet is due no later than 10 days before the hearing, and a late flag sheet continues the hearing to the next available date unless the court orders otherwise.
- Ask early about appearing by phone or video. Hawaii Probate Rules Rule 11 lets the circuit court allow a probate hearing to be heard by telephone conference or videoconference, at the court's discretion. It is permission, not a right: the party who asks for the call is responsible for arranging it with the other parties and the conference operator and having it ready when the hearing starts. The rule was written so that people on other islands would not have to fly to a hearing.
- Get the authority document and administer the estate. Administration begins when letters issue under HRS 560:3-103: letters testamentary if there is a will, and letters of administration if there is not. Then the personal representative handles inventory, claims, distribution and closing under the statewide rules.
- Track the case through eCourt Kōkua at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Under HPR Rule 50, each probate matter has a P. No.; a Hawaii County probate case number begins with the circuit digit 3 and uses the LP probate case type.
Forms and documents
Probate forms in Hawaii County
The Third Circuit is the only Hawaii circuit whose circuit court forms page lists probate forms. It lists three:
| Form | Number and date | Use |
|---|---|---|
| Creditor's Claim | 3C-E-023 (03/07) | A creditor's claim form for a decedent's estate in the Third Circuit. |
| Affidavit for Collection of Personal Property of the Decedent | 3C-E-210 (08/14) | A collection by affidavit form tied to HRS 560:3-1201, which measures the gross value of the decedent's estate in Hawaii and is presented to the holder of the property. |
| Affidavit for Collection of Personal Property (Automobile) of the Decedent | 3C-E-312 (08/14) | A separate vehicle form tied to the motor-vehicle carve-out in HRS 560:3-1201. |
The Third Circuit forms page does not list a petition or application to open probate, an inventory, an accounting, a closing statement, or the Hawaii Probate Rules Rule 81 flag sheet. The opening papers are drafted documents. The flag sheet is mandatory for the hearings listed in HPR Rule 81, and the Third Circuit page does not list it separately, so ask Estate and Guardianship at (808) 961-7650 for the sample and count back 10 days from the hearing date.
The same forms page also lists Declaration in Support of Request to Proceed in Forma Pauperis, 3C-P-373 (03/07). HRS 607-5.7(e)(4) addresses the $65 surcharge for a party with permission to proceed in forma pauperis, effective January 1, 2014; ask the counter how the form applies to a probate filing.
Fees
Hawaii's probate filing fee is set by statute in three pieces: $100 to open a decedent's estate, paid once only for each estate and unchanged in Act 298, Session Laws of Hawaii 2025 (HRS 607-5(b)(14)); a $50 administrative charge on civil filings under current HRS 607-5(c)(32); and a $65 indigent legal services surcharge on an initial circuit court civil filing, effective January 1, 2014 (HRS 607-5.7(a)(2)). The Judiciary does not publish a combined probate figure and its own fee sheet tells filers to call the Estate and Guardianship counter instead, so confirm the total at (808) 961-7650 before you write the check.
| Cost item | Amount | Authority or source note |
|---|---|---|
| Probate, administration, domiciliary foreign personal representative, or ancillary administration | $100 | Paid once only for each decedent's estate; unchanged in Act 298, SLH 2025; HRS 607-5(b)(14) |
| Administrative charge on civil filings | $50 | Current HRS 607-5(c)(32) |
| Indigent legal services surcharge on an initial circuit court civil filing | $65 | Effective January 1, 2014; HRS 607-5.7(a)(2) |
| Copies in the clerk's office | $1.00 first page, $.50 each additional page | Judiciary circuit court fee sheet, effective January 1, 2014 |
| Certification under seal of a copy after the initial pleading | $2 | Judiciary circuit court fee sheet, effective January 1, 2014 |
| Exemplification | $4 | Judiciary circuit court fee sheet, effective January 1, 2014 |
| Electronic copy of any document | $10 | Judiciary circuit court fee sheet, effective January 1, 2014 |
| Expedited or rush copy | $10 plus applicable charges | Judiciary circuit court fee sheet, effective January 1, 2014; within 4 hours if requested before noon HST |
| Telefaxing within Hawaii | $2 first page, $1 each additional page | Judiciary circuit court fee sheet, effective January 1, 2014 |
| Off-site storage retrieval | $5 plus applicable copying charge | Judiciary circuit court fee sheet, effective January 1, 2014 |
The Judiciary publishes no separate charge for issuing letters testamentary or letters of administration. HRS 607-5(b)(14) says the probate fee includes related matters without additional charge; a certified copy of a document already in the file is priced on the circuit court fee sheet.
Local nuance
Hawaii County-specific considerations
| Local point | Why it matters |
|---|---|
| Only circuit with probate forms | The Third Circuit lists three probate forms, including two collection by affidavit forms under HRS 560:3-1201. No opening petition, opening application, inventory, accounting, closing statement, or HPR Rule 81 flag sheet is listed there. |
| Two circuit locations, one published probate counter | Hale Kaulike in Hilo and Keahuolū Courthouse in Kailua-Kona are both Third Circuit circuit court locations under HRS 603-21.6, but Estate and Guardianship is published at Hale Kaulike in Hilo. Call (808) 961-7650 before choosing where to take papers. |
| Keahuolū call-first rule | Keahuolū has a Legal Documents Section at (808) 322-8750 and circuit court courtrooms, but the Judiciary does not label it as the Estate and Guardianship counter. A Kona-side filer should call before taking a probate filing there. |
| Probate calendar, no standing probate-judge assignment | Probate in Hawaii County is a Third Circuit case, heard on the circuit court's probate calendar (HRS 603-21.6). The Judiciary does not publish a standing probate-judge assignment for any circuit; the Estate and Guardianship counter is the place to ask which judge and which courtroom your hearing is set in. |
| Document Drop-off is Third Circuit only | The Judiciary's online Document Drop-off service runs for civil and adult criminal cases in the Third Circuit only. It is voluntary, free, and does not replace official filing; a document submitted through it becomes part of the court file only if Third Circuit court staff file it. HPR Rule 43 says court staff may not give procedural or legal advice. |
| Original will timing matters on this island | RCCH Rule 2(g) gives an electronic filer within 1 day to deliver the original paper will, one copy, and a paper copy of the file-stamped pleading. The counter closes at 4 p.m., so plan paper delivery before pressing file. |
| Public access terminal hours differ | Hale Kaulike and Keahuolū public access terminals run 7:45 a.m. to 3 p.m. Monday through Friday, except State holidays. Older files may require a call ahead to (808) 961-7400 for Hilo or (808) 322-8750 for Keahuolū. |
| South Kohala is not a probate filing counter | South Kohala District Court at the Waimea Civic Center in Kamuela is a district court. Probate belongs in the circuit courts under HRS 603-21.6, so do not take a decedent's-estate filing there. |
Recent updates
| Date | Update |
|---|---|
| September 13, 2026 | JEFS users will need multi-factor authentication to access the Judiciary Electronic Filing and Service System. |
| May 3, 2026 | eCourt Kōkua was updated. The Judiciary says core functions remain unchanged, with cleaner page layouts and helpful tabs on some screens. |
| March 9, 2026 | The Judiciary updated the Third Circuit Zoom meeting numbers sheet, which lists circuit court meeting IDs by division and courtroom for Hilo and Kona. |
| October 31, 2022 | Online Document Drop-off was disabled for the First Circuit, after being disabled for the Second and Fifth Circuits on April 25, 2022, leaving the Third Circuit as the only circuit where the service still runs for Hawaii island cases. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Hawaii County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Separate what passes outside probate from what was in the deceased spouse's sole name. If a Third Circuit filing is needed, file through Hale Kaulike in Hilo and plan the original paper will delivery within 1 day after any electronic filing under RCCH Rule 2(g). | Sunset organizes title questions, financial accounts, debts and beneficiary information so the spouse can see what belongs in the estate settlement and what may pass outside probate. |
| Out-of-state adult child with a small estate | Venue is the Third Circuit if the parent was domiciled in Hawaii County (HRS 560:3-201(a)(1)). The Third Circuit lists two HRS 560:3-1201 collection by affidavit forms, 3C-E-210 (08/14) and 3C-E-312 (08/14) for a registered vehicle, and the affidavit is presented to the holder of property rather than filed at the courthouse. Ask Estate and Guardianship, (808) 961-7650, which route fits before preparing papers. | Sunset helps find accounts and documents before travel decisions are made, then helps generate an estate settlement packet and connect the child with local counsel if a Third Circuit filing is needed. |
| Parent settling a predeceased child's estate, home must be sold | A hearing to confirm sale of real property is one of the hearings named in HPR Rule 81, so the flag sheet is due no later than 10 days before the hearing. If the property is on the Kona side, the courtroom may be at Keahuolū while Estate and Guardianship is in Hilo, so confirm the courtroom with the counter. | Sunset helps collect asset information, sale-related documents and family contact information, then helps prepare the probate packet and find a vetted Hawaii County probate attorney. |
Self-help resources
Hawaii County's court self-help centres help self-represented people with District and Family Court civil matters, landlord-tenant, collections, restraining orders, divorce and custody. Probate is a circuit court matter under HRS 603-21.6, and the Judiciary does not list it among the centres' services, so do not count on walking in with an estate.
| Resource | Contact | What to know |
|---|---|---|
| Hilo Court Self-Help Center | Hale Kaulike, 777 Kīlauea Avenue, 1st Floor, Hilo. Phone: 808-909-2845. | In-person assistance every Tuesday, 11:15 a.m. to 12:45 p.m., except State holidays. Fridays, 11:15 a.m. to 12:45 p.m., by phone, except State holidays. The Judiciary describes it as limited legal information for self-represented litigants in civil matters. |
| Chief Judge Ronald Ibarra Self-Help Center | Keahuolū Courthouse, 74-5451 Kamakaʻeha Avenue, Kailua-Kona. Phone: 808-909-2843. | In person every second and fourth Wednesday, 11 a.m. to 1 p.m., except holidays. By phone all other Wednesdays, 11 a.m. to 1 p.m., except holidays. It serves the West Hawaiʻi community, but probate is not on its listed service areas. |
| Legal Aid Society of Hawaiʻi | Neighbor-island intake: 1-800-499-4302. Oʻahu intake: 808-536-4302. | Intake is Monday through Friday, 9 a.m. to 11:30 a.m. and 1 p.m. to 3:30 p.m. Legal Aid says its physical offices are not open to the public and it is not currently accepting walk-in intake. Ask whether your issue is within its services. |
| Hawaiʻi Online Pro Bono | hawaii.freelegalanswers.org | The Judiciary describes it as an online legal advice clinic for qualifying users to post civil legal questions at no cost and receive online responses from volunteer attorneys. |
| Legal Navigator Hawaiʻi | legalnavigatorhawaii.org | The Judiciary describes it as an online portal with Hawaiʻi-focused legal content, guided interviews, court forms, articles and other resources. |
| Third Circuit public access terminals | Hale Kaulike in Hilo and Keahuolū Courthouse in Kailua-Kona. | Terminals are available 7:45 a.m. to 3 p.m. Monday through Friday, except State holidays, first come first served. On-screen review is free; copies are paid for. Call (808) 961-7400 for Hilo or (808) 322-8750 for Keahuolū before going if a file is more than five years old. |
| Find an Attorney, Hawaii State Judiciary | Judiciary Find an Attorney page | The Judiciary's local descriptions name the Hawaiʻi County Bar Association in Hilo and the West Hawaiʻi Bar Association in Kona as volunteer-attorney partners. |
When to hire an attorney
A Hawaii County probate attorney makes sense when the estate includes real property to sell, a will problem, disagreement among interested persons, creditor issues, a possible Hawaii estate tax filing under HRS 236E, or a family member trying to manage Third Circuit filings from outside the island. Counsel is also useful when the original will, HPR Rule 81 flag sheet, JEFS filing, and hearing logistics need to line up. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify bank accounts, investment accounts, retirement plans, insurance, debts and other assets that drive estate settlement decisions.
Generate the probate packet. Sunset turns the information you gather into an organized packet for the personal representative, the family and the attorney, including the details needed to prepare Third Circuit probate papers.
Find a local probate attorney. When a Hawaii County case needs legal help, Sunset can connect the family with a vetted probate attorney who understands the Circuit Court of the Third Circuit and local filing logistics.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and prepare for the next step without paying Sunset.
Frequently asked questions
Where do I file probate for Hawaii County?
File a Hawaii County probate case with the Circuit Court of the Third Circuit at Hale Kaulike, 777 Kīlauea Avenue, Hilo, HI 96720-4212. The Estate and Guardianship counter is (808) 961-7650, and the Legal Documents counter is (808) 961-7400. Venue for a first probate proceeding is the judicial circuit where the person who died was domiciled (HRS 560:3-201(a)(1)), so a Hawaii County estate is a Third Circuit case.
I live on the Kona side. Do I have to go to Hilo to file?
Probate for Hawaii County is a Third Circuit case. The Estate and Guardianship counter that handles decedents' estates is at Hale Kaulike in Hilo, (808) 961-7650. The Keahuolū Courthouse in Kailua-Kona is the Third Circuit's West Hawaii circuit court location and has its own Legal Documents Section at (808) 322-8750; call before taking a probate filing there. Hawaii Probate Rules Rule 11 also lets the court allow a telephone conference or videoconference at the court's discretion, and the Third Circuit Zoom sheet lists circuit court meeting IDs by courtroom.
Does the Third Circuit have probate forms?
Yes. The Third Circuit lists 3C-E-023 Creditor's Claim (03/07), 3C-E-210 Affidavit for Collection of Personal Property of the Decedent (08/14), and 3C-E-312 Affidavit for Collection of Personal Property (Automobile) of the Decedent (08/14). The two affidavit forms track HRS 560:3-1201: one addresses the gross value of the estate in Hawaii, and the other addresses a registered vehicle. The page does not list an opening petition or the Hawaii Probate Rules Rule 81 flag sheet.
Can I file a Hawaii County probate case online?
Probate is JIMS case type LP under Circuit Court Civil, so it is on the Judiciary Electronic Filing and Service System. Hawaii Electronic Filing and Service Rules Rule 4.1 says attorneys must register unless exempted by the court, and a self-represented party may register for that person's own case. The Judiciary describes self-represented registration in terms of an active case, so ask Estate and Guardianship or Third Circuit JEFS help before assuming a new probate case can be opened online.
What is Third Circuit Document Drop-off?
Document Drop-off is an online service for Third Circuit civil and adult criminal cases on Hawaiʻi island. It is free and voluntary, but it does not replace official filing and a submitted document does not become part of the court record until Third Circuit court staff file it. HPR Rule 43 says court staff may not give procedural or legal advice. Do not use it as a substitute for opening a probate case or meeting a filing deadline.
What happens to the original will if I e-file?
Rules of the Circuit Courts Rule 2(g) requires the original paper will, one copy, and a paper copy of the file-stamped electronic pleading to reach the clerk within 1 day of the electronic filing, either in person or by mail postmarked within 1 day. The Hale Kaulike counter closes at 4 p.m., so plan the paper delivery before filing electronically.
What does it cost to open probate in Hawaii County?
The statutory components are $100 to open a decedent's estate, paid once only for each estate and unchanged in Act 298, SLH 2025 (HRS 607-5(b)(14)); $50 under current HRS 607-5(c)(32); and $65 effective January 1, 2014 under HRS 607-5.7(a)(2). The Judiciary does not publish a combined probate figure, so call Estate and Guardianship at (808) 961-7650 before writing the check. The Third Circuit lists in forma pauperis form 3C-P-373 (03/07); HRS 607-5.7(e)(4) addresses the $65 surcharge for a party with court permission to proceed in forma pauperis.
What is a flag sheet and when is it due in Hawaii County?
Hawaii Probate Rules Rule 81 requires an original and 2 copies of a flag sheet for hearings to admit a will, adjudicate intestacy, appoint a personal representative, confirm a real-property sale, determine an elective share, or approve final accounts. It is due no later than 10 days before the scheduled hearing. If it is late, the hearing is continued to the next available date unless the court orders otherwise.
How do I look up a Hawaii County probate case?
Use the Judiciary's eCourt Kōkua page at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Probate is a Circuit Court Civil case type, LP. A Hawaii County probate case number begins with the circuit digit 3, and HPR Rule 50 assigns a P. No. to each probate matter. Public documents are purchased through eCourt Kōkua, payments are non-refundable, and older Circuit Court civil documents filed before October 28, 2019 may need to be viewed at a courthouse terminal.
Is there a court centre that can help with probate in Hawaii County?
The Hilo Court Self-Help Center and the Chief Judge Ronald Ibarra Self-Help Center in Kona list District and Family Court civil subjects, not probate. Probate is a circuit court matter under HRS 603-21.6, so call Estate and Guardianship at (808) 961-7650 for filing logistics and use legal aid or attorney resources for legal advice.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.