Back to Hawaii
Kauai County, HI Probate Information
Quick facts
| Item | Kauai County probate information |
|---|---|
| Court | Circuit Court of the Fifth Circuit. Hawaii circuit courts have exclusive jurisdiction in probate under HRS 603-21.6. |
| Courthouse address | Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue, HI 96766. |
| Mailing address | Same as the street address: Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue, HI 96766. |
| Probate counter | Estate and Guardianship, (808) 482-2343. |
| Document filing counter | Legal Documents, (808) 482-2330. |
| Hours | Office hours: 7:45 a.m. to 4:30 p.m. Monday through Friday, except State holidays. Counter hours: 8 a.m. to 4 p.m. Monday through Friday, except State holidays. |
| Filing fee | Hawaii's probate filing fee is set in three statutory pieces: $100 to open a decedent's estate, paid once only for each estate under HRS 607-5(b)(14); a $50 administrative charge on civil filings under HRS 607-5(c)(32); and a $65 indigent legal services surcharge on an initial circuit court civil filing under HRS 607-5.7(a)(2), effective January 1, 2014. The Judiciary does not publish a combined probate figure, so call Estate and Guardianship at (808) 482-2343 before writing the check. |
| Local forms | The Fifth Circuit publishes no probate forms on its circuit court forms page. The mandatory hearing flag sheet is governed by Hawaii Probate Rules Rule 81. |
| E-filing | Probate is a Circuit Court Civil case type in the Judiciary Electronic Filing and Service System, JEFS. HEFSR Rule 4.1(a) requires attorneys to register unless exempted by the court. HEFSR Rule 4.1(c) lets a self-represented party register for a case in which that person is a party. Ask Estate and Guardianship or Fifth Circuit e-filing help before assuming a self-represented filer can open a new probate case online. |
| E-filing help | Fifth Circuit JEFS help for Civil Cases in the Circuit Courts: 808-482-2673, [email protected]. This is e-filing help, not a filing address. |
| Original will | If a probate filing presents a will through JEFS, 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 be delivered to the clerk within 1 day of the electronic filing, in person or by mail postmarked within 1 day. |
| Case search | eCourt Kōkua: https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Probate is a Circuit Court Civil case type, and Fifth Circuit case numbers begin with 5. |
| Remote hearings | Hawaii Probate Rules Rule 11 lets the court allow a telephone conference or videoconference hearing at the court's discretion. The Fifth Circuit's remote-hearing chart says circuit court requests use the courtroom email address, no form is used, and the court asks for the request 72 hours before the hearing. |
| Website | https://www.courts.state.hi.us/general_information/contact/kauai |
Before you begin — know the assets and liabilities
Before choosing a probate route, make a list of what the estate owns, what it owes, and which institutions hold the accounts. Kauai estates may include a home or leasehold interest, local bank or credit union accounts, and mainland retirement or investment accounts that will not speak to a family member until letters testamentary or letters of administration issue under HRS 560:3-103. Sunset's 2,300-institution asset discovery helps families build that estate settlement picture before filing.
Hawaii's estate tax exclusion is $5,490,000 for decedents dying on or after January 1, 2018 (HRS 236E-6), while the federal figure is far higher, so a Hawaii estate tax return can matter even when no federal estate tax is owed. That is another reason to identify the assets early in the estate settlement process.
Which court handles jurisdiction
Kauai County probate is a Fifth Circuit matter. HRS 603-1(4) states that the Fifth Circuit includes the islands of Kauai and Niihau, and the courthouse for that circuit is Puʻuhonua Kaulike in Lihue.
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 Kauai County estate is a Fifth Circuit case. If the person was not domiciled in Hawaii, HRS 560:3-201(a)(2) looks to a judicial circuit where the person had property.
One courthouse serves Kauaʻi, Niʻihau, and communities across the island, including Kapaʻa, Hanalei, Princeville, Kilauea, Koloa, Poʻipū, Hanapēpē, Waimea, and Kekaha. Those communities do not have separate probate counters.
Probate in Kauai County is a Fifth 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.
The jurisdiction process
- Identify the estate's assets, debts, owners, and beneficiaries before choosing a route. Hawaii probate routes are statewide: an informal application directed to the registrar designated under HRS 560:1-307 and HRS 560:3-301, a formal petition under HRS 560:3-401, or supervised administration.
- Prepare the pleadings. The Fifth Circuit publishes no probate forms on its circuit court forms page, and Hawaii has no statewide probate form set. Probate pleadings are drafted to follow the Hawaii Probate Rules, including HPR Rules 37 and 38 on model forms.
- File with the Circuit Court of the Fifth Circuit at Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue. Paper filings go through the Legal Documents counter, (808) 482-2330. Counter hours are 8 a.m. to 4 p.m. Monday through Friday, except State holidays.
- If filing through JEFS, remember that probate is a Circuit Court Civil case type in Electronic Filing. Attorneys must register unless exempted by the court, and a self-represented party may register for a case in which that person is a party under HEFSR Rule 4.1.
- If there is a will, get the original paper will to the clerk. Under RCCH Rule 2(g), an electronic filing that presents a will must be followed by the original paper will, one copy, and a paper copy of the file-stamped electronic pleading within 1 day of the electronic filing, either in person or by mail postmarked within 1 day.
- Pay the opening charge or ask about fee relief. The filing fee is set by HRS 607-5 and HRS 607-5.7 in three pieces, and the Judiciary does not publish a combined probate total. Call Estate and Guardianship at (808) 482-2343. If payment is not possible, ask whether the Fifth Circuit's Request to Proceed in Forma Pauperis, form 5C-E-245 (06/07), applies to your probate filing under HRS 607-5.7.
- Give the notices required by Hawaii law. For creditor notice, HRS 560:3-801 requires publication once a week for two successive weeks, and HRS 560:3-803 sets the claim deadlines.
- If a hearing is set, prepare the flag sheet. Hawaii Probate Rules Rule 81 requires an original and 2 copies 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. HPR Rule 81 requires the flag sheet no later than 10 days before the hearing, and a late flag sheet causes the hearing to be continued unless the court orders otherwise.
- If travel to Lihue is difficult, ask whether the court will allow attendance by telephone conference or videoconference under HPR Rule 11. The Fifth Circuit's remote-hearing chart says there is no form, that requests go to the courtroom email address, and that the court asks for the request 72 hours before the hearing.
- After appointment, the personal representative qualifies and receives letters testamentary if there is a will or letters of administration if there is no will (HRS 560:3-103). Administration begins when letters issue.
- Administer and close the estate. Track the matter on eCourt Kōkua at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Under HPR Rule 50(a), each probate matter has a P. No., and a Fifth Circuit case number begins with the digit 5.
Forms and documents
Probate forms in Kauai County
The Fifth Circuit publishes no probate forms on its circuit court forms page. Hawaii also has no statewide probate form set. Probate pleadings are usually drafted documents that follow the Hawaii Probate Rules rather than fill-in forms from the court.
The mandatory paper to watch is the flag sheet. Hawaii Probate Rules Rule 81 requires a flag sheet for hearings to admit a will, adjudicate intestacy, appoint a personal representative, confirm the sale of real property, determine an elective share, and approve the personal representative's final accounts. HPR Rule 81 requires it no later than 10 days before the scheduled hearing, and a late flag sheet continues the hearing to the next available date unless the court orders otherwise.
The Fifth Circuit's forms page does publish a general circuit court fee-waiver request: Request to Proceed in Forma Pauperis, form 5C-E-245 (06/07). HRS 607-5.7(e)(4) exempts a party who has the court's permission to proceed in forma pauperis from the $65 surcharge that took effect January 1, 2014. Ask Estate and Guardianship whether that form applies to your probate filing.
The Third Circuit publishes three probate-related forms, including two collection-by-affidavit forms, but those are Third Circuit forms. A Kauai filer should not treat them as Fifth Circuit forms.
| Form or paper | Kauai County status |
|---|---|
| Probate petition or application | No Fifth Circuit probate form is published. Draft to the Hawaii Probate Rules. |
| Flag sheet | Required by HPR Rule 81 for listed hearings. Ask the clerk for the sample in HPR Appendix A. |
| Fee-waiver request | Fifth Circuit form 5C-E-245, Request to Proceed in Forma Pauperis (06/07). Ask whether it applies to probate. |
| Original will coversheet | RCCH Rule 2(g) requires a coversheet under RCCH Rule 3 when a paper will is presented for probate. |
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 (HRS 607-5(b)(14)); a $50 administrative charge on civil filings (HRS 607-5(c)(32)); and a $65 indigent legal services surcharge on an initial circuit court civil filing (HRS 607-5.7(a)(2), effective January 1, 2014). 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) 482-2343 before you write the check.
The Judiciary's circuit court fee sheet, effective January 1, 2014, also lists copy and document charges. Copies in the clerk's office are $1.00 for the first page and $.50 for each additional page. Certification under seal of a copy of a pleading or other paper after the initial pleading is $2. An electronic copy of any document is $10. A search of record by the clerk is $5.
The Judiciary publishes no separate charge for issuing letters. A certified copy of a document already in the file is priced on the circuit court fee sheet.
If paying court charges is a hardship, ask Estate and Guardianship about the Fifth Circuit's Request to Proceed in Forma Pauperis, form 5C-E-245 (06/07). HRS 607-5.7(e)(4) exempts a party who has received permission to proceed in forma pauperis from the $65 surcharge effective January 1, 2014.
Local nuance
Kauai County-specific considerations
| Local point | Why it matters |
|---|---|
| One courthouse serves the circuit | The Fifth Circuit covers Kauaʻi and Niʻihau under HRS 603-1(4), and probate filings go to Puʻuhonua Kaulike in Lihue. There is no second circuit courthouse for Kauai County probate. |
| Two circuit court judges serve the entire Fifth Circuit | The Judiciary lists two circuit court judges for the Fifth Circuit, sitting in Courtrooms 4 and 6. Neither is published as a probate-only assignment. Ask Estate and Guardianship which courtroom your probate calendar matter is in. |
| The counter closes at 4 p.m. | Office hours run later, but counter hours are 8 a.m. to 4 p.m. Monday through Friday, except State holidays. That matters if a will must be delivered under RCCH Rule 2(g) within 1 day of an electronic filing. |
| Document Drop-off is disabled for the Fifth Circuit | The Judiciary says its electronic Court Document Drop-off service has been disabled for the Fifth Circuit since Monday, April 25, 2022. Paper goes through the Legal Documents counter or the mail, not through that service. |
| Remote hearings use courtroom email | Hawaii Probate Rules Rule 11 lets the circuit court allow a probate hearing by telephone conference or videoconference at the court's discretion. It is permission, not a right. The Fifth Circuit's circuit court chart says no form is used. Requests go by email to [email protected] for Courtroom 4 or [email protected] for Courtroom 6. The court asks that requests go in 72 hours before the hearing. If approved, courtroom staff email the meeting information to the requester. Notice is not required for an in-person appearance. The chart is circuit-wide and not labeled as a probate line, so ask Estate and Guardianship which courtroom your case is in before emailing. |
| The Kauaʻi Court Self-Help Center has a narrow schedule | Walk-in service is the first Monday of the month from 9 a.m. to noon. Other Mondays and Thursdays are phone only from 10 a.m. to noon, and the line does not accept messages when the centre is closed. Probate is not listed among the centre's services. |
| HPR Rule 43 limits clerk communications | HPR Rule 43 says court staff cannot give procedural or legal advice. The counter can point you to filing logistics, but it cannot choose forms, draft pleadings, or tell you legal strategy. |
Recent updates
| Date | Update |
|---|---|
| September 13, 2026 | Multi-factor authentication will be implemented in JEFS for Judiciary Electronic Filing users. |
| May 3, 2026 | eCourt Kōkua at https://www.courts.state.hi.us/legal_references/records/jims_system_availability was updated. The Judiciary states that core functions remain unchanged, with cleaner layouts and added tabs on some screens. |
| June 2026 | The Fifth Circuit remote-hearings chart carries an internal June 2026 stamp and says circuit court remote-hearing requests use courtroom email, with no form and a 72-hour requested lead time. |
| April 25, 2022 | The Judiciary's electronic Court Document Drop-off service was disabled for the Fifth Circuit. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by separating what passed outside probate from what was in the deceased spouse's sole name. If probate is needed in Kauai County, file in the Fifth Circuit at Puʻuhonua Kaulike. If a will is presented through JEFS, RCCH Rule 2(g) still requires the original paper will to reach the Lihue clerk within 1 day of the electronic filing. | Sunset finds accounts, debts, insurance, and retirement assets so the surviving spouse is not reconstructing the estate settlement from memory. |
| Out-of-state adult child w/ small estate | Venue is the Fifth Circuit if the parent was domiciled in Kauai County under HRS 560:3-201(a)(1). A lawyer in the case uses JEFS, and a self-represented party may register for that person's case under HEFSR Rule 4.1. If a hearing is set, HPR Rule 11 and the Fifth Circuit chart give a way to ask for telephone conference or videoconference attendance, subject to court approval. | Sunset assembles the asset picture, helps organize the probate packet, and reduces the back-and-forth for a family member managing estate settlement from the mainland. |
| Parent settling predeceased child's estate, home must be sold | A hearing to confirm a sale of Kauai real property is one of the hearings named in HPR Rule 81. The flag sheet is due 10 days before the hearing, and a late flag sheet continues the hearing unless the court orders otherwise. On a two-judge circuit bench, missing that deadline can disrupt the sale schedule. | Sunset helps identify the accounts, liens, debts, and closing information before the sale, so the personal representative can account for the estate settlement accurately. |
Self-help resources
The Fifth Circuit's self-help centre helps self-represented people with District and Family Court civil matters: landlord-tenant, collections, restraining orders, divorce, and custody. Probate is a circuit court matter and the Judiciary does not list it among the centre's services, so do not count on walking in with an estate.
| Resource | How to use it | Probate caution |
|---|---|---|
| Kauaʻi Court Self-Help Center | Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue, HI 96766. Phone: 808-909-2836. First Monday of the month: 9 a.m. to noon, in person. All other Mondays and Thursdays: 10 a.m. to noon, by phone. During operating hours, callers leave a voicemail and receive a callback for intake. The centre does not accept messages when closed. | The Judiciary lists District and Family Court civil matters, not probate. |
| Legal Aid Society of Hawaiʻi | Neighbor islands intake: 1-800-499-4302. Intake hours are 9:00 a.m. to 11:30 a.m. and 1:00 p.m. to 3:30 p.m., Monday through Friday. The organization states that physical office spaces are not open to the public and it is not currently accepting walk-in intake. | Whether it takes probate matters is something to ask during intake. |
| Hawaiʻi Online Pro Bono | https://hawaii.freelegalanswers.org/. The Judiciary describes it as an online legal advice clinic for qualifying users to post civil legal questions at no cost, with volunteer attorneys responding online. | Use the site to ask whether your question is within its scope. |
| Legal Navigator Hawaiʻi | https://legalnavigatorhawaii.org/. The Judiciary describes it as an online portal with Hawaiʻi-focused legal content, guided interviews, court forms, articles, and other resources. | Check the site directly for any estate-related content. |
| Find an Attorney, Hawaii State Judiciary | https://www.courts.state.hi.us/legal_references/attorneys/find/find_an_attorney. The Judiciary links attorney resources and the Hawaii State Bar Association. | No Kauai lawyer-referral phone number or fee is published in the materials used for this page. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance, loan, and credit accounts that belong in the estate settlement plan.
Generate the probate packet. Sunset uses the family and asset information you provide to organize the probate packet for the right Hawaii route and the Fifth Circuit filing location.
Find a local probate attorney. When a Kauai County estate needs legal help, Sunset can connect the family with a vetted attorney who understands Hawaii probate and Fifth Circuit filing practice.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets, and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate for Kauai County?
File in the Circuit Court of the Fifth Circuit at Puʻuhonua Kaulike, 3970 Kaʻana Street, Lihue. Hawaii circuit courts have exclusive jurisdiction in probate under HRS 603-21.6. Venue for a first probate proceeding is the judicial circuit where the person who died was domiciled (HRS 560:3-201), so a Kauai County estate is a Fifth Circuit case. The Legal Documents counter is (808) 482-2330, and Estate and Guardianship is (808) 482-2343.
Can I file probate online in Kauai County?
Probate is a Circuit Court Civil case type in Electronic Filing through JEFS. Attorneys must register unless the court exempts them under HEFSR Rule 4.1(a). A self-represented party may register for a case in which that person is a party under HEFSR Rule 4.1(c). Ask Estate and Guardianship or Fifth Circuit e-filing help before assuming a self-represented filer can open a new probate case online.
What happens to the original will if I use JEFS?
The original will does not stay electronic. Under Rules of the Circuit Courts Rule 2(g), if an electronic filing presents a will, the original paper will, one copy, and a paper copy of the file-stamped electronic pleading must be delivered to the clerk within 1 day of the electronic filing, either in person or by mail postmarked within 1 day.
What does it cost to open a probate in Kauai County?
Hawaii's filing fee structure has three statutory pieces: $100 under HRS 607-5(b)(14), $50 under HRS 607-5(c)(32), and a $65 surcharge under HRS 607-5.7(a)(2), effective January 1, 2014. The Judiciary does not publish a combined probate total, and its fee sheet tells filers to call Estate and Guardianship. Call (808) 482-2343 before writing the check.
Does the Fifth Circuit have probate forms?
The Fifth Circuit publishes no probate forms on its circuit court forms page, and Hawaii has no statewide probate form set. The key hearing paper is the flag sheet required by Hawaii Probate Rules Rule 81. Ask the clerk for the sample flag sheet from HPR Appendix A. The Fifth Circuit does publish Request to Proceed in Forma Pauperis, form 5C-E-245 (06/07), which you can ask about if court charges are a hardship under HRS 607-5.7.
What is a flag sheet in a Kauai probate, and when is it due?
HPR 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. The flag sheet 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.
Do I have to fly to Kauai for a probate hearing?
Hawaii Probate Rules Rule 11 lets the circuit court allow a probate hearing by telephone conference or videoconference at the court's discretion. The Fifth Circuit's circuit court chart says remote-hearing requests go by email to [email protected] for Courtroom 4 or [email protected] for Courtroom 6, no form is used, and the court asks for requests 72 hours before the hearing. If approved, courtroom staff email the meeting information. Notice is not required for an in-person appearance. Ask Estate and Guardianship which courtroom your case is in before emailing.
How do I look up a Kauai probate case?
Use eCourt Kōkua at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Probate is a Circuit Court Civil case type, and under HPR Rule 50(a) probate matters use a P. No. A Fifth Circuit case number begins with 5. Public documents may be purchased through eCourt Kōkua, and the Judiciary states that payments are non-refundable.
When is the Lihue probate counter open?
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. The 4 p.m. counter close matters if you are delivering a paper original will after an electronic filing under RCCH Rule 2(g).
Can the clerk of the circuit court administer a small estate in Kauai County?
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 per cent 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 Estate and Guardianship, (808) 482-2343, whether it is available for your estate.
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.