Learning More About Wills Hawaii

By Serena Price


A will is a legal document with instruction on what should be done with ones property and money after death. It is very important to plan how your property and money should be distributed once you die. Hawaii Wills allow for any spouse, children, pets and other family members to be provided for after ones death. If you want to learn more about wills Hawaii probate lawyers are always ready to help.

The necessity of probate depends on what the decedent owned in time of death. For instance, if the decedent had any kind of property, then there will be a probate in Hawaii. The same case applies to personal property such as stocks and bank accounts.

There are several laws in this game.If the decedent was an occupant of Hawaii during the time of death then a probate will take place if his or her assets are worth $100,000 or more. But if the decedent had assets worth less than $100,000, there will be no need for probate.

There various purposes served by lawyers. After the death of a testator, probate procedures are carried out to prove the validity of the Will. This also includes paying off taxes and debts and then distribute property as chosen in the last Will.

In Hawaii you do not need a lawyer to make a will. You can make your will using online will programmes provided online. However it is necessary to consult a lawyer in some situations. For instance, if you find that your Will might be challenged or if you want to cut your spouse out of your Will you need to consult a legal representative. However these online programmes will advise you when it is necessary to seek for a lawyers advice. To finalize your Will you are required to sign the will in front of two witnesses and your witnesses to also sign your Will.

This includes distributing available property to the people as named in the will. If the decedent did not leave any will the property then goes to the people specified by law. A probate takes a minimum of six months but habitually for a resident probate should take nine to 18 months.

Wills also give the surviving spouse right to percentage of the property depending on the time spent in marriage. If the testator had a pet, then he can specify a person who he wants to be the beneficiary owner. On the other hand, a will is not capable of diverting life insurance or retirement benefits to another beneficiary.

There are three types of regular probates handled routinely by lawyers. Each type of probate can be used for either a testate (an estate with a valid Will) or intestate (an estate with no will) estate. They include informal, formal and supervised probate.

Informal probate is practiced when there is no one fighting over the estate. In this probate the documents are filed in court with no hearing in front of a judge. It is the fastest and least expensive kind of probate. Formal probate is practiced where there is a dispute. A judge is involved in solving the dispute. The cost of this probate is somewhat more than informal. While supervised probate is practiced when there is a major fight over property. The case is supervised by a judge. Such cases have the longest hearings and are very expensive. For those who want to have their wills Hawaii probate lawyers are the best to consult.




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