This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Hawaii USLegal Pamphlet on Lost Wills
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In addition to written wills, Hawaii recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A handwritten will does not have to be witnessed in order to be valid in Hawaii.
Wills, Generally For example, Hawaii does not recognize oral wills, but may honor a handwritten testament if the signature and significant portions of the will are in the testator's handwriting.
Does a Will Have to Be Probated in Hawaii? A will must be filed with the court when someone dies. It will be presented to the court in the county where the decedent lived before they died. This allows the court to validate the will if anyone contests it.
Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by another person at his direction and in his conscious presence. Witnesses: Two witnesses must sign a Hawaii last will and testament in order for it to be valid.
No, in Hawaii, you do not need to notarize your will to make it legal. However, Hawaii allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Wills, Generally For example, Hawaii does not recognize oral wills, but may honor a handwritten testament if the signature and significant portions of the will are in the testator's handwriting.
Witnesses: Two witnesses must sign a Hawaii last will and testament in order for it to be valid. The witnesses must sign within a reasonable time after witnessing the testator sign the will, acknowledge the signature, or acknowledge the will itself. Writing: Hawaii wills must be written in order to be valid.
Hawaii Revised Statutes § 5-502. Any individual who is generally competent to be a witness may act as a witness to a will.
It is common for beneficiaries to ask to see a copy of the Will. It is however your discretion as Executor whether or not to disclose it to the beneficiary.
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