Probate & Trust Administration Drawing of Court Building1

Maui Probate Attorneys

Probate and Trust Administration

The loss of a loved one is emotionally devastating. You wonder what will happen to you and your family, and what you need to do first. When you add to this the need to make important financial decisions while in mourning, the whole situation can seem overwhelming. At Obenauf Law Group, our Maui probate attorneys understand how you are feeling and can help you navigate the complicated probate process compassionately and efficiently. We have the experience to handle every detail, no matter how complex your situation might be.

Probate Administration

Probate is the legal process of settling a loved one’s estate after their passing, which can feel overwhelming. Probate administration involves managing and distributing assets, paying debts, and navigating tax obligations, all while ensuring the deceased’s wishes are honored. As you can imagine, all of this is difficult enough without the added stress and grief of coping with such a profound loss. At Obenauf Law Group, we strive to provide compassionate guidance through this process, alleviating your burden while ensuring everything is handled efficiently and with care.

Most Probates Involve the Following:

Locate and file the Last Will and Testament with the court
File required probate documents with the court
Locate, inventory, custody, close and transfer personal assets/accounts
Appraise and value assets
Pay debts and expenses associated with the last illness and funeral
Ascertain and notify all known creditors of the estate
Make payments to creditors, discharge obligations and obtain creditor releases
Process and receive life insurance death benefits
Secure personal residence and tangible personal property
File appropriate tax returns (federal and Hawaii) and make appropriate tax elections
Pay estate taxes and final personal income taxes
Obtain tax releases and closing letters from local courts, the IRS and state taxing authorities
Make specific bequests, as well as partial and final distributions to beneficiaries (including packing and shipping of tangible personal property)
Provide complete detailed accounting to the local court and estate beneficiaries

Trust Administration

The trust administration process can be complex. It involves a wide range of responsibilities and duties, including statutory notice requirements, distributions to beneficiaries in the manner dictated by the trust, prompt payment of expenses, compliance with the prudent investor rule, accounting to beneficiaries and, if required, to the Court. It is important to note that failing to administer a trust properly can have serious legal and financial consequences for the trustee. If you have been named as a trustee, we can explain the process, your responsibilities, and the risks involved, as well as guide you through the process and work with any existing advisors and fiduciaries.


In short, you do not have to go through the probate and/or trust administration process alone. We are here to help, so that you and your family can focus on what is most important: coming to terms with your loss and moving on with your lives.

We're here to support you

Contact us here to assist you and your family during this time.

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Our Podcast with Meg Obenauf

Taking Care of Tutu

We’re so committed to helping seniors and their loved ones get the care they need, we started a whole podcast about it. You can find the Taking Care of Tutu podcast wherever you listen to podcasts.

Probate Episodes

Frequently Asked Questions

First, we are sorry for your loss. Does your loved one have a will or a trust? If so, we can review their will or trust to recommend what your next steps should be. If they do not have a will or a trust, or if they only have a will, you may have to file a probate, depending on how much money and property your loved one owned and whether or not they named beneficiaries on their accounts.
When someone dies intestate (no will, trust, or beneficiaries named on accounts), if they have more than $100,000 in Hawaii, their estate needs to go through probate. Probate is the legal process of managing and distributing a deceased person’s estate. It involves tasks such as locating the will, filing probate documents, inventorying assets, paying debts, and distributing assets to beneficiaries.

In Hawaii, the probate process typically involves:

  • If the person had a will, locating it and filing it with the court.
  • Filing required probate documents.
  • Inventorying and transferring personal assets/accounts.
  • Appraising and valuing assets.
  • Paying debts, funeral expenses, and last illness costs.
  • Notifying creditors and making payments to them.
  • Processing life insurance death benefits.
  • Filing tax returns and paying estate taxes.
  • Distributing assets to beneficiaries and providing an accounting to the court.

The length of the probate process varies depending on the complexity of the estate, whether the will is notarized, and whether there are any disputes. At a minimum, the probate process will take months.

When someone has a trust and titles their assets in the trust, there is not a need for probate. The person in charge of the Trust is called the Successor Trustee, and their job is to manage the trust according to the terms set forth in the trust document. The Successor Trustee will need to pay expenses and distribute the assets to the beneficiaries according to the terms of the trust.

Failing to properly administer a trust can result in legal and financial consequences for the trustee, including personal liability for errors or misconduct.
If you’ve been named as a trustee, it’s important to understand your duties and responsibilities. You’ll need to protect the assets, notify the beneficiaries, pay expenses, and distribute the assets according to the terms of the trust. It’s advisable to seek professional guidance to ensure proper administration of the trust and to avoid potential legal issues.

We provide compassionate, efficient legal assistance throughout the probate and trust administration processes. We can help you navigate the complexities of probate, assist with trust administration, and ensure your responsibilities are properly handled, so you can focus on your family and emotional well-being.

If disputes arise, such as disagreements among beneficiaries or creditors, your job as Trustee or Personal Representative is to resolve them. If you are unable to do so, we can assist you in finding a mediator or litigation attorney.