Saturday, 1 February 2014

Getting To Learn More About Wills Hawaii

By Serena Price


A Will is also referred to as a statement or last Will. It is meant to help you protect your property and family once you pass on. You can use a Hawaii Will for various reasons. If you want to learn more about wills Hawaii probate lawyers are always ready to help.

They include; leaving your property to individuals or organizations of your choice, naming a particular individual as the guardian to care for your children, naming a dependence person to manage the property you leave to your minor children, naming a personal representative who will ensure that the terms of your will is carried out as required.

There are several laws in this game.If the decedent was an occupant of Hawaii during the time of death then a probate will take place if his or her assets are worth $100,000 or more. But if the decedent had assets worth less than $100,000, there will be no need for probate.

In a case where a decedent owned land but he or she is not a resident, two probates will take place. These include a probate in Hawaii and another one at the decedents home state. This is because in general a probate must be done in every state where a decedent owns real estate.

An individual who passes on without a will is called an intestate. In case an individual passes on as an intestate, then the property goes to those individuals specified by law. Normally in Hawaii these laws are very strict. For Instance a spouse will get your entire property if there are no children or parents existing in time of your death. The same case to if there is a surviving child but no spouse or parent. The child gets the entire property under the laws. Therefore it is very important to consider a will if you want to control the distribution of your property.

When you use the online programmes to make a Will for yourself, you are not needed to notarize it. This is because you are allowed to make your will self -proving and visit a lawyer where need be.

A self- proving will speeds the process of probate since the court can accept the will without calling the witnesses who signed it. The probate process involves filing documents in court and getting orders from a judge. It also involves filing a petition and appointing personal representatives who will ensure that the property is distributed accordingly.

For a will to be self proving, both the testator and the witnesses go to the lawyers and sign an affidavit that proves who they are and each of them were in sober mind while signing the will.

Informal probate is practiced when there is no one fighting over the estate. In this probate the documents are filed in court with no hearing in front of a judge. It is the fastest and least expensive kind of probate. Formal probate is practiced where there is a dispute. A judge is involved in solving the dispute. The cost of this probate is somewhat more than informal. While supervised probate is practiced when there is a major fight over property. The case is supervised by a judge. Such cases have the longest hearings and are very expensive. For those who want to have their wills Hawaii probate lawyers are the best to consult.




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