Hawaii Probate: Time Limitations in Contesting a Will

     A person may contest a Will that is presented informally for probate.  Informal probate is a procedure where a Will is presented to the registrar (not a judge) for consideration. In other words, there is no hearing before a judge. The registrar will review the probate application and Will and determine whether to accept the Will and make an appointment of a personal representative.
     If the registrar does make an appointment of a personal representative through the informal probate procedure, then an interested person may initiate a formal proceeding (before a judge) to contest the appointment of the personal representative and the submission of the Will.

     An interested person may contest a Will before the first of the following to expire:

     1.   90 days after receiving notice of an informal proceeding

     2.   12 months from the date the Will was informally admitted to probate or

    3.   30 days from the entry of a formal order approving the accounts and settlement of the estate by an informally appointed personal representative.

     Also, a challenge may be commenced by an interested person after the expiration of the above-stated limitation periods if an informal probate is closed informally (meaning the closing of the probate matter is not approved by a judge, but rather by the personal representative filing a closing statement) and notice of the informal probate proceeding was not properly given. Furthermore, the challenge must be commenced within five years of the decedent's date of death.