Hawaii Inheritance Loans and Probate Advance Law

Dec 18 2018

When you receive notice that you are involved in the processing of an estate that is going through probate, you might be wondering how soon you will be able to access your inheritance. The truth is, the probate process can be quite long when all goes smooth, and if the will is contested, the whole process can be significantly longer. Fortunately, some heirs and beneficiaries will be able to get access to their inheritance funds far sooner than waiting for probate to end. In fact, some may qualify to get their inheritance funds in as little as days.

What Are Hawaii Probate Laws?

Hawaii probate laws are the legal rules that guide how property and belongings are passed from the deceased to their heirs and beneficiaries. These laws protect the decedent, those who will receive an inheritance, as well as creditors whom the decedent owed a debt and ensures the estate is divided and passed out in the manner laid out in the will by the deceased.

An attorney can help you with estate planning so that when you die, your belongings and property transfer to the heirs and beneficiaries you want, in the manner you want. If you have been assigned as the personal representative or executor of the estate going through probate, an attorney who focuses on wills and estates can help you navigate through the complexities of the probate process, and ensure you complete all required forms properly and within all established deadlines.

What is The Probate Process in Hawaii?

The probate process in Hawaii is not much different from the process established in other states.

  1. An executor or personal representative is assigned to manage the estate.
  2. The executor will have the validity of the will verified and issue a notice to all involved parties that probate has been opened. Should the deceased not have a will or if an executor is not named in the will, one will be appointed by the court.
  3. All assets of the estate will be gathered, appraised and inventoried for the court, and public notice will be posted for a specific amount of time to give creditors a chance to file a claim on the estate.
  4. The deceased final taxes are paid from the estate.
  5. Beneficiaries and heirs receive their share of the estate according to the directives included in the will. If the deceased died without leaving a will, the probate court would follow Hawaii law to divide and distribute the estate.

What Property Will Go Through Probate in Hawaii?

What property will go through probate in Hawaii will depend on if and how the estate was planned. Typically, a property that is only in the name of the deceased will go through probate, but property that was held in joint ownership should automatically pass to the other owners. Likewise, property and assets that have a designated beneficiary won’t have to go through probate, nor will assets held in a living trust.

For instance, real estate and personal property like vehicles can transfer upon death to other listed owners. Bank accounts, life insurance policies, and retirement accounts can automatically transfer to designated beneficiaries. An experienced attorney can help you figure out how to plan your estate so that the bulk of your estate passes automatically to beneficiaries and heirs without incurring an increased tax burden.

How Can You Avoid Probate in Hawaii?

You can avoid probate in Hawaii by working with an attorney well-versed in estate planning. Doing so can reduce taxes, fees, and expenses that can sometimes go with probate. A planned estate can also allow your heirs to receive their share of your estate much faster. If you set up a living trust, your assets can be assigned to your heirs while you are alive. You continue to have control over all assets in the trust until you are no longer able or until you die.

If you are the beneficiary or heir to an estate, there’s probably nothing you can do to prevent the estate from going through probate if it legally should. But there is a way that you may be able to get your inheritance funds before probate concludes. In fact, you may qualify to get your funds in 48 hours or less.

How Can You Access Hawaii Inheritance Funds Immediately?

You can get immediate access to your inheritance funds in Hawaii through a probate cash advance. Heirs and beneficiaries who qualify for early access may be able to get their inheritance in two days or less. With Probate Advance, you don’t have to wait for what your benefactor left to you; you can get your funds in days, not months or years. By just answering a few questions, you can find out of you qualify for probate advance.

Do You Qualify for a Hawaii Inheritance Cash Advance?

To find out if you qualify for a Hawaii inheritance cash advance, just fill out the form or give us a call. We only need some basic information to determine if you are eligible and then we can issue your money. It’s as easy as that.

Most heirs or beneficiaries who will have an inheritance of at least $12,000 will qualify for early access and be able to have their money deposited in their accounts in two days or less. And the best part of it all is that your probate advance is not a loan, so there is no hidden fees, no interest, no payment plans, and your credit doesn’t matter.

What Do You Need for a Probate Advance in Hawaii?

All you need to get a probate advance is to provide some information that allows us to confirm your status as a beneficiary of an estate in probate. Once confirmed, we can issue your check or deposit. To get started, just fill out the form or call us. We will confirm your eligibility and issue your money. It really is that simple to get your inheritance advance in 48 hours or less.

What Areas of Hawaii Qualify for an Inheritance Loan?

We offer inheritance loans in all cities in Hawaii, including but not limited to:

  • Honolulu
  • East Honolulu
  • Mililani
  • Pearl City
  • Hilo

To learn more about Hawaii probate laws and the rules on inheritances, check out our resources.

Hawaii Probate Resources

Hawaii Inheritance Tax Laws