A Maui probate attorney is a legal professional who helps clients navigate the court-supervised process of settling a loved one’s estate under Hawaii probate law.
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Navigating the probate process in Hawaii doesn’t have to be overwhelming. At our South Maui-based law firm, we concentrate on probate matters - providing trusted legal guidance for Hawaii residents, out-of-state families, and those in need of ancillary probate services.
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We understand that the loss of a loved one is a difficult time, and the legal requirements that follow can add unnecessary stress. That’s why our firm is committed to delivering professional, responsive results with clarity, compassion, and efficiency. Whether you're a local or managing an estate from the mainland or abroad, we ensure that your probate process is handled with the utmost care and attention to detail.
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At Wailea Law LLLC, we have experienced attorneys who can assist families to navigate the complex process of settling estates, ensuring that wills are honored, and assets are distributed according to Hawaii law and the testator’s intentions. If you are dealing with the loss of a loved one, facing a dispute among heirs, or managing the responsibilities of an executor or personal representative, it is important to have a knowledgeable and responsive Maui probate attorney on your side.
We provide compassionate, personalized support to guide you through the probate process with clarity, efficiency and respect for your family’s needs.
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Maui Probate Attorney Services
Our Services Include:
The Role of a Maui Probate Lawyer in Estate Administration
Hawaii probate law governs the legal process of administering a deceased person's estate, ensuring assets are collected, debts and taxes are paid, and remaining property is distributed to rightful heirs or beneficiaries. The process is overseen by the Circuit Court and can proceed formally or informally depending on the complexity and whether a will exists. If the decedent had a valid will, the named personal representative is appointed; if not, an administrator is selected under intestacy rules.
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Many cases are straightforward, but some situations are complex, for example where real property is involved, where there is more than one heir, where there is a dispute among heirs, or if there is no will in place.
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When someone dies intestate in Hawaii—without a valid will—their estate is distributed according to Hawaii’s intestacy laws under the Uniform Probate Code. The court appoints a personal representative, usually a close relative, to manage the estate. Assets are distributed to heirs based on a set hierarchy: typically, the surviving spouse and children inherit first, followed by other relatives like parents or siblings. If no family exists, the estate may escheat to the state. Real estate, bank accounts, and other property titled solely in the decedent’s name must go through probate before being legally transferred to the rightful heirs.
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We can assist with all forms of Hawaii formal, informal and intestate probate cases on Maui and across all of Hawaii.
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Whether you're facing court appointments, unclear asset distribution, or family disputes, our experienced legal team will guide you every step of the way with compassion and clarity. We'll handle the paperwork, court filings, and creditor issues so you can focus on your family.
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Our Legal Team Can Assist with Ancillary Proceedings for Out-of-State Property Owners
If your loved one passed away while living in another state but owned real estate or assets in Hawaii, you’ll likely need ancillary probate to legally transfer those assets.
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It isn’t necessary to reside in the state to become involved in Hawaii’s probate process.
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If a deceased person owned any property in Hawaii, such as real property, a timeshare or bank account assets, that part of their estate will likely need to go through Hawaii’s probate process, even if they never actually resided here. This process is called ancillary probate.
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Our experienced team or Maui probate attorneys can help guide you through the process. We simplify it by working seamlessly with the out-of-state probate case to clear title, satisfy local legal requirements, and ensure proper distribution. Our team of Maui lawyers handles everything locally so you don’t have to travel or navigate unfamiliar procedures.
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Out-of-state clients especially benefit from our streamlined remote services. We coordinate electronically, by phone, or video, and handle all the state-specific filings and court appearances so you don’t have to travel. Our goal is to make the probate process as seamless and stress-free as possible, no matter where you are.
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Work With Wailea Law LLLC for Estate Property Transfers
Our attorneys can work with title companies, banks, local and state governments, and the courts to ensure that your Hawaii estate property transfers run smoothly. Transferring estate property is complicated especially when it involves real estate and we can help at all stages of the transaction.
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Estate property transfers occur when ownership of a deceased person’s assets is legally passed to heirs or beneficiaries, typically through probate, a trust, or non-probate mechanisms like joint tenancy, transfer on death deeds, or beneficiary designations. Trust assets are administered and distributed by a successor trustee without court involvement, while jointly owned or designated assets pass automatically by operation of law. Each transfer method must align with title, creditor, and tax considerations.
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Simplified Probate Process for Small Estates in Maui
It is not always necessary to go through the probate process. The small estate affidavit process is available for estates valued at $100,000 or less, and which do not include any real estate assets. Allows an heir or beneficiary to collect assets (like bank accounts, vehicles, personal property) using a simple affidavit, without going through full probate.
Get Trusted Guidance From a Probate Attorney on Maui
Our team of Maui probate attorneys are here to provide clarity, compassion and reliable legal support every step of the way. We are ready to assist, whether you need help starting the probate process, resolving estate disputes, or understanding your legal responsibilities.
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Our firm stands apart for our integrity, prompt communication, and experience in Hawaii probate law. ​ When you partner with us, you receive not only legal representation, but a trusted ally during a difficult time.
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Call us today to schedule a confidential consultation to address your Hawaii probate and estate issues.