Back to Hawaii
Maui County, HI Probate Information
Quick facts
| Item | Maui County detail |
|---|---|
| Court | Circuit Court of the Second Circuit, heard on the circuit court's probate calendar (HRS 603-21.6). |
| Courthouse address | Hoapili Hale, 2145 Main Street, Suite 106, Wailuku, HI 96793-1679. |
| Mailing address | Same as the courthouse address. |
| Estate counter | Estate & Guardianship, (808) 244-2939. |
| Document filing counter | Legal Documents, (808) 244-2969. The Judiciary's circuit court fee sheet tells Second Circuit probate filers to call this line about probate fees, with prompt (#3). |
| Fax | The Judiciary publishes a Second Circuit fax, (808) 244-2777, for the Chief Court Administrator's office. It is not a probate filing line, and the Judiciary publishes no fax for the Estate & Guardianship counter. |
| 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 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, so call before writing the check. |
| Local forms | The Second Circuit publishes no probate forms on its circuit court forms page. A flag sheet under Hawaii Probate Rules Rule 81 is required for listed probate hearings. |
| E-filing | Probate is a Circuit Court Civil case type in JIMS and is available through the Judiciary Electronic Filing and Service System, JEFS. Attorneys representing parties in JIMS cases must register unless the court exempts them, and a self-represented party may register for a case in which that person is a party (HEFSR Rule 4.1). Ask before assuming a new probate can be opened through JEFS. |
| Original will | If a will is presented with an electronic filing, 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, in person or by mail postmarked within 1 day (Rules of the Circuit Courts Rule 2(g)). |
| 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 a Second Circuit case number begins with the digit 2. |
| Remote hearings | Hawaii Probate Rules Rule 11 lets the court allow a telephone conference or videoconference hearing at the court's discretion. The Second Circuit publishes remote hearings information and standing Zoom meeting numbers for its circuit courtrooms, but ask Estate & Guardianship which courtroom and instructions apply. |
| Website | https://www.courts.state.hi.us/general_information/contact/maui |
Before you begin — know the assets and liabilities
Before filing in Wailuku, identify what the estate owns and owes. Maui County estates may involve a home, condominium, leasehold or timeshare interest, local bank and credit union accounts, long-held family property on Molokaʻi or Lānaʻi, and mainland accounts that will not release information without letters. Sunset's 2,300-institution asset discovery helps build that estate settlement inventory before the filing route is chosen.
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 higher, so a Hawaii family can need a state estate tax return for an estate that owes nothing federally. The estate settlement plan starts with knowing what is actually in the estate.
Which court handles jurisdiction
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 Maui County estate is a Second Circuit case. If the decedent was not domiciled in Hawaii, the statewide venue rule allows filing in a judicial circuit where the decedent's property was located (HRS 560:3-201(a)(2)).
The Second Circuit takes in Maui, Molokaʻi, Lānaʻi, Kahoʻolawe and Molokini (HRS 603-1(2)). Probate is exclusive to the circuit courts (HRS 603-21.6), so probate filings for the Second Circuit go to Hoapili Hale in Wailuku, not to the district court buildings in Lahaina, Hāna, Kaunakakai or Lānaʻi City.
Kalawao County has no courthouse and no probate counter of its own. It occupies the Kalaupapa peninsula on the island of Molokaʻi, and Molokaʻi is one of the islands the Second Circuit takes in (HRS 603-1(2)), so a Kalawao County estate is a Second Circuit case and is filed with the Circuit Court of the Second Circuit at Hoapili Hale in Wailuku (HRS 560:3-201).
The jurisdiction process
- Work out what the estate holds and owes before choosing a route. Informal probate is an application process under HRS 560:3-301, and formal probate is a petition process under HRS 560:3-401. The Hawaii state page covers those statewide routes in more detail.
- Prepare the pleadings. The Second Circuit publishes no probate forms on its circuit court forms page, and Hawaii's 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 Second Circuit at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. Paper filing goes through Legal Documents, (808) 244-2969. Estate questions go to Estate & Guardianship, (808) 244-2939. Counter hours are 8 a.m. to 4 p.m. Monday through Friday, except State holidays.
- Do not take the estate papers to the Lahaina, Hāna, Molokaʻi or Lānaʻi district court buildings. Those are real courthouse buildings, but probate is exclusive to the circuit courts (HRS 603-21.6), and the Second Circuit's circuit court sits at Hoapili Hale in Wailuku.
- 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 delivered within 1 day of the electronic filing, in person or by mail postmarked within 1 day.
- Pay the filing fee after calling to confirm the amount. Hawaii's probate fee is built from $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 figure.
- If the probate matter arose directly or indirectly from the Maui fires, ask Estate & Guardianship about the Second Circuit's September 27, 2023 emergency order. The order directed the clerk to file qualifying probate matters without payment of filing fees and allowed a self-represented filer to ask for a fee waiver by ex parte petition or motion, but you should ask whether the order applies to a current filing.
- Give the notices required by statewide probate law. Notice to creditors is published once a week for two successive weeks under HRS 560:3-801, and creditor claim deadlines are governed by HRS 560:3-803.
- If a hearing is set, handle the flag sheet early. Hawaii Probate Rules Rule 81 requires an original and 2 copies of a flag sheet for listed probate hearings no later than 10 days before the hearing, and a late flag sheet causes the hearing to be continued to the next available date unless the court orders otherwise.
- If travel to Wailuku is difficult, ask for permission under HPR Rule 11. The court may allow a telephone conference or videoconference hearing at its discretion, and the party requesting the call is responsible for arranging it and having it ready when the hearing starts.
- After appointment, the personal representative qualifies and receives letters testamentary if there is a will, or letters of administration if there is not, and administration starts when letters issue (HRS 560:3-103).
- Administer and close the estate, then track the case through eCourt Kōkua at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Under HPR Rule 50, the clerk assigns a P. No. to each probate matter, and a Second Circuit case number begins with the digit 2.
Forms and documents
Probate forms in Maui County
The Second Circuit publishes no probate forms on its circuit court forms page. The statewide court forms index also does not include a downloadable probate form set, so Maui County probate pleadings are usually drafted documents that follow the Hawaii Probate Rules rather than fill-in court packets.
| Form or paper | What Maui filers should know |
|---|---|
| Probate pleadings | HPR Rule 37 allows model forms, and HPR Rule 38 tells counsel to follow approved model forms substantially when they exist. The Second Circuit's public circuit court forms page does not list probate pleadings. |
| Flag sheet | 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 hearing. |
| Original will papers | For electronic filings, RCCH Rule 2(g) requires the original paper will, one copy, and a paper copy of the file-stamped electronic pleading to be delivered within 1 day of the electronic filing. |
| Court records request forms | The Second Circuit posts court records request papers, including forms 2D-P-330 through 2D-P-333. Those are for getting records, not for opening an estate. |
| Third Circuit affidavit examples | The Third Circuit publishes the only probate forms listed on any circuit forms page: a creditor's claim form and two affidavit forms. A Maui filer may look at them to understand the type of paperwork, but they are not Second Circuit forms. |
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. Its own circuit court fee sheet tells Second Circuit filers to call Legal Documents at (808) 244-2969 (#3) about probate fees, while the Judiciary's current Maui contact page publishes Estate & Guardianship at (808) 244-2939 for estates, so confirm the amount at one of those counters before you write the check.
The Second Circuit entered Emergency Order No. 1 Regarding Maui Fire, Probate Cases on September 27, 2023. The order directed the clerk to file probate proceedings arising directly or indirectly from the Maui fires without payment of filing fees, asked attorneys to mark qualifying pro bono or low bono matters below the case number, and allowed attorneys and self-represented filers to request a filing fee waiver by ex parte petition or motion. The Judiciary still posts the order, but call Estate & Guardianship to ask whether it applies to a current filing.
The Second Circuit does not publish an in forma pauperis form on its circuit court forms page. The Judiciary's statewide forms index says court filing fees in certain non-criminal matters may be waived for people who meet designated financial criteria, and HRS 607-5.7(e)(4) exempts a party who has the court's permission to proceed in forma pauperis from the $65 surcharge.
For copies and records, the Judiciary's circuit court fee sheet, effective January 1, 2014, lists $1.00 for the first page and $.50 for each additional page for copies in the clerk's office, $2 for certification under seal of a copy after the initial pleading, $4 for exemplification, $10 for an electronic copy of a document, and $5 for a search of the record by the clerk. The Judiciary publishes no separate charge for issuing letters; certified copies of documents already in the file are priced on the fee sheet.
Local nuance
Maui County-specific considerations
| Local point | Why it matters |
|---|---|
| Kalawao County files in Wailuku | Kalawao County is a separate county on the Kalaupapa peninsula on Molokaʻi. Molokaʻi is in the Second Circuit (HRS 603-1(2)), so a Kalawao County estate is filed at Hoapili Hale in Wailuku under HRS 560:3-201. |
| Four district court buildings do not take probate filings | Lahaina District Court, Hāna District Court, Molokaʻi District Court in Kaunakakai, and Lānaʻi District Court in Lānaʻi City may be closer for many residents, but probate is exclusive to the circuit courts (HRS 603-21.6). |
| Two published Second Circuit counters | Estate & Guardianship, (808) 244-2939, is the estate counter on the Maui contact page. Legal Documents, (808) 244-2969, is the document filing counter and is the line the Judiciary's circuit court fee sheet names for Second Circuit probate fees. |
| Original will logistics are stricter for neighbor-island families | RCCH Rule 2(g) requires the original paper will package to reach the clerk within 1 day of the electronic filing or be mailed with a postmark within 1 day. For Molokaʻi, Lānaʻi and Hāna families, the mail cutoff may matter as much as the court counter's 4 p.m. closing time. |
| Second Circuit remote hearing materials | HPR Rule 11 allows telephone conference or videoconference hearings at the court's discretion. The Second Circuit's remote hearings information says circuit court hearings other than evidentiary hearings and trials are available remotely, that evidentiary hearings and trials are case by case with approval of all parties and the judge, and that no form is used to set a remote hearing. |
| Volunteer Court Navigator email | The Second Circuit's Volunteer Court Navigator Program accepts email questions about Second Circuit cases from Lānaʻi, Maui and Molokaʻi at [email protected]. Navigators cannot provide legal advice or representation, and the one-business-day response target may take longer. |
| Clerk-administered small estate | 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 & Guardianship, (808) 244-2939, whether it is available for your estate. |
Recent updates
| Date | Update |
|---|---|
| September 13, 2026 | JEFS users will need multi-factor authentication to sign in to the Judiciary Electronic Filing and Service System. |
| May 3, 2026 | eCourt Kōkua was updated. Core functions remain unchanged, with cleaner page layouts and new tabs on some screens. |
| August 15, 2024 | The Second Circuit's current Zoom numbers sheet for Circuit, District and Family Courts took effect. Use it with HPR Rule 11 and the court's case-specific instructions. |
| September 27, 2023 | The Second Circuit entered Emergency Order No. 1 Regarding Maui Fire, Probate Cases, addressing filing fees for probate matters arising directly or indirectly from the Maui fires. |
| April 25, 2022 | The Judiciary's electronic Court Document Drop-off was disabled for the Second Circuit, the County of Maui. Paper documents go across the counter or through the mail. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | For a Wailuku, Kīhei or other Maui County home, first separate what passed outside probate from what is in the deceased spouse's sole name. If a probate filing is needed, the local path is the Circuit Court of the Second Circuit at Hoapili Hale, with Estate & Guardianship at (808) 244-2939 for estate questions and the RCCH Rule 2(g) original-will rule if the case is filed electronically. | Sunset finds accounts, debts and property clues so the surviving spouse is not rebuilding the estate settlement from memory. |
| Out-of-state adult child w/ small estate | If the parent was domiciled in Maui County, venue is the Second Circuit under HRS 560:3-201(a)(1). Attorneys in JIMS cases must register for JEFS unless exempted, and a self-represented party may register for that person's case under HEFSR Rule 4.1. The original will still must reach Wailuku within 1 day under RCCH Rule 2(g). Ask about HPR Rule 11 permission for a telephone conference or videoconference hearing, and ask whether the clerk-administered small estate route under HRS 560:3-1205 is available. | Sunset assembles the asset picture, generates a probate packet, and helps coordinate the estate settlement from outside Hawaii. |
| Parent settling predeceased child's estate, home must be sold | A hearing to confirm the sale of real property is one of the hearings named in Hawaii Probate Rules Rule 81. The flag sheet is due no later than 10 days before that hearing, and a late flag sheet continues the hearing to the next available date unless the court orders otherwise. | Sunset helps organize accounts, debts and real property information before the sale so the personal representative has a clearer accounting path. |
Self-help resources
The Second 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 | Contact | How to use it |
|---|---|---|
| Maui Court Self-Help Center | Hoapili Hale, 2145 Main Street, Wailuku. Phone: 808-909-2841. | In-person assistance every second and fourth Thursday, 10 a.m. to 1 p.m., except holidays. By phone all other Mondays and Thursdays, 10 a.m. to 1 p.m., except holidays. Telephone access is for Molokaʻi, Lānaʻi and Hana residents only when the center is open and not operating in person. The center does not accept voice messages when closed. |
| Volunteer Court Navigator Program, Second Circuit | [email protected]. | Unrepresented people may email questions about court resources, locations and procedures for Second Circuit cases from Lānaʻi, Maui and Molokaʻi. Navigators try to respond within one business day, although it may take longer. They cannot provide legal advice or representation. |
| Legal Aid Society of Hawaiʻi | Neighbor islands intake: 1-800-499-4302. Oʻahu intake: 808-536-4302. | Intake is Monday through Friday, 9:00 a.m. to 11:30 a.m. and 1:00 p.m. to 3:30 p.m. Legal Aid provides free civil legal assistance to low-income individuals and does not charge clients for legal services. Its physical offices are not open to the public and it is not currently accepting walk-in intake. |
| Hawaiʻi Online Pro Bono | https://hawaii.freelegalanswers.org/ | An online legal advice clinic for qualifying users to post civil legal questions at no cost, with volunteer attorneys responding online. |
| Legal Navigator Hawaiʻi | https://legalnavigatorhawaii.org/ | An online portal providing Hawaiʻi-focused legal content, guided interviews, court forms, articles and other resources. |
| Find an Attorney, Hawaii State Judiciary | https://www.courts.state.hi.us/legal_references/attorneys/find/find_an_attorney | Use the Judiciary's attorney information page if you need counsel. The Maui County Bar Association is named by the Judiciary as the local bar whose volunteer attorneys staff the Maui Court Self-Help Center. |
When to hire an attorney
Consider hiring a Hawaii probate attorney if the estate includes Maui, Molokaʻi or Lānaʻi real property, a sale that needs court approval, missing heirs, creditor disputes, a tax question under HRS ch. 236E, an original will that must be handled from off island, or a family disagreement over who should serve as personal representative. Sunset connects families with a vetted attorney when the estate settlement needs legal help.
How Sunset helps
Find the accounts and assets. Sunset searches across thousands of financial institutions, helps identify accounts and property clues, and turns scattered information into an estate settlement inventory you can use before filing in the Second Circuit.
Generate the probate packet. Sunset uses the information you provide to assemble probate paperwork for the right local path, with Maui County details such as Hoapili Hale, the Estate & Guardianship line, the Legal Documents counter, the flag sheet requirement under HPR Rule 81, and the RCCH Rule 2(g) original-will deadline.
Find a local probate attorney. When a case needs counsel, Sunset helps connect you with a vetted Hawaii probate attorney who understands Second Circuit filing logistics, JEFS, remote hearing requests under HPR Rule 11, and Maui County property issues.
Sunset is free for families. Families can use Sunset to organize the estate settlement, identify assets, prepare next steps, and decide when legal help is needed.
Frequently asked questions
Where do I file probate for Maui County?
File with the Circuit Court of the Second Circuit at Hoapili Hale, 2145 Main Street, Suite 106, Wailuku. 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 Maui County estate is a Second Circuit case. Estate questions go to Estate & Guardianship, (808) 244-2939, and paper filing questions go to Legal Documents, (808) 244-2969.
I live on Molokaʻi or Lānaʻi. Do I file at the district court on my island?
No. The Lahaina, Hāna, Molokaʻi and Lānaʻi district court buildings are not where probate filings go. Probate is exclusive to the circuit courts (HRS 603-21.6), so the estate is filed at Hoapili Hale in Wailuku. If you use JEFS, remember that RCCH Rule 2(g) still requires the original paper will package to be delivered within 1 day of the electronic filing or mailed with a postmark within 1 day. The Second Circuit Volunteer Court Navigator email, [email protected], can answer questions about court resources, locations and procedures, but not legal questions.
What about Kalawao County probate?
Kalawao County has no courthouse and no probate counter of its own. It occupies the Kalaupapa peninsula on the island of Molokaʻi, and Molokaʻi is one of the islands the Second Circuit takes in (HRS 603-1(2)), so a Kalawao County estate is a Second Circuit case filed with the Circuit Court of the Second Circuit at Hoapili Hale in Wailuku (HRS 560:3-201).
Can I file probate online in Maui County?
Probate is a Circuit Court Civil case type in JIMS and is available through the Judiciary Electronic Filing and Service System, JEFS. Attorneys representing parties in JIMS cases must register unless exempted, and a self-represented party may register for a case in which that person is a party (HEFSR Rule 4.1). Ask Estate & Guardianship or the Second Circuit e-filing help line, 808-244-2998, before assuming a new case can be opened through JEFS.
What happens to the original will if I use JEFS?
The original paper will is not replaced by the electronic filing. Under Rules of the Circuit Courts Rule 2(g), the filer must deliver 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.
What does it cost to open probate in Maui County?
Hawaii's filing fee structure is set in 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 figure. Call Estate & Guardianship, (808) 244-2939, or Legal Documents, (808) 244-2969 (#3), before writing the check. If the death arose directly or indirectly from the Maui fires, ask whether the September 27, 2023 emergency order applies.
Does the Second Circuit have probate forms?
The Second Circuit publishes no probate forms on its circuit court forms page. Hawaii Probate Rules Rule 81 still requires a flag sheet for listed probate hearings, and the sample is in HPR Appendix A. The Third Circuit posts three probate-related forms on its own forms page, but they are not Second Circuit forms.
Do I have to travel to Wailuku for the hearing?
Hawaii Probate Rules Rule 11 lets the court allow a probate hearing by telephone conference or videoconference at the court's discretion. It is permission, not a right, and the party asking for the call is responsible for arranging it with the other parties and the conference operator. The Second Circuit's remote hearings information says no form is used to set a remote hearing and that circuit court hearings other than evidentiary hearings and trials are available remotely, but ask Estate & Guardianship for the instructions for your case.
What is a flag sheet and when is it due?
A flag sheet is required by Hawaii Probate Rules Rule 81 for hearings to admit a will, adjudicate intestacy, appoint a personal representative, confirm a sale of real property, determine an elective share, or approve final accounts. The rule requires an original and 2 copies no later than 10 days before the 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 Maui 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 the Judiciary's circuit digit key is 1, 2, 3, 5, so a Second Circuit case number begins with 2. Under HPR Rule 50, each probate matter has a P. No. Individual public documents may be purchased, and eCourt Kōkua payments are non-refundable.
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.