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  1. #1
    Join Date
    Oct 2009
    Honolulu, Hawaii

    Default Both Spouses Deceased - Only Have Copies of Wills

    My question involves estate proceedings in the state of: Hawaii

    We're trying open probate but can't figure out how to proceed if both spouses are deceased. They died within months of each other. They were personal reps for each other then a bank was next (and last) on the list. The bank signed a renunciation so the daughter will now be the applicant.

    Anyway, I don't know if we should open two probates and what factors would decide that. I need a starting point so anything you say will definitely guide me.

    Thanks for your guidance.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Both Spouses Deceased - Only Have Copies of Wills

    Two decedents translates into two estates, although it should be possible to file and litigate them at the same time. The court may need a motion to consolidate, or may do so of its own accord. Unfortunately I can't find a simple guide to probating estates in Hawaii; the court rules for probate court are here. Depending upon the size of the estate and whether the probate court can offer any resources to help with self-representation, it may be necessary to utilize a lawyer.

    Oh... I just noticed your subject line. If you're trying to validate and probate copies of wills I think it's a good idea to work with a lawyer, particularly if somebody may challenge the validity of the copies you intend to submit. I haven't researched Hawaii's statutes to see if they have a special provision for validating a copy of a will. Unfortunately, the Hawaii statutes as presented on the legislature's website are really difficult to browse.

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