Probate Notice to Creditors and Claim Deadlines in Hawaii
At a glance
| Governing law and claims regime | Hawaii UPC regime applying to estate, representative, decedent's trustee, heirs, and devisees; optional notice plus 18-month no-notice bar (§§ 560:3-801 to -804) |
|---|---|
| Who publishes and when | Applicant/petitioner may publish before appointment; representative or decedent's trustee may also publish; no statutory start deadline (§ 560:3-801) |
| Publication frequency, place, and contents | Once weekly for 2 successive weeks in general-circulation newspaper for filing or domicile circuit; application/nominee or trustee name/address and 4-month warning (§ 560:3-801) |
| Known-creditor search standard | Personal representative must reasonably review decedent's records to ascertain creditors; no further checklist stated (§ 560:3-801(c)) |
| Direct notice: recipients, timing, and contents | After appointment, representative may mail/deliver published or similar notice to each known creditor; later of 4-month publication period or 60 days after service (§ 560:3-801(b)) |
| Where, how, and in what form to present a claim | Deliver/mail detailed writing to representative OR file prescribed writing with clerk; first event controls; or timely sue; due/contingent/security details (§ 560:3-804) |
| Publication- or service-based claim deadline | Later-expiring notice period: 4 months after first publication or 60 days after written service; earlier ordinary limitation can control (§§ 560:3-801 to -803) |
| Death-based outer bar | If neither compliant publication nor written service occurs, most predeath claims barred 18 months after death (§ 560:3-803(a)(2)) |
| Extensions, late claims, and no-asset rules | No general initial-bar extension; only narrow post-disallowance 60-day extension for not-due/contingent claims; no no-asset branch stated (§ 560:3-804(3)) |
| Lien, insurance, tax, and other exceptions | Mortgage/pledge/lien and insurance-limited proceedings preserved; representative/trustee professional compensation preserved; pending-at-death action needs no separate presentation (§§ 560:3-803(d), 560:3-804(2)) |
Requirements one by one
Publication may begin before appointment
A person applying or petitioning for appointment, probate of a will, or a declaration of intestacy may publish before the representative is appointed. The notice runs once a week for two successive weeks in a newspaper of general circulation in the judicial circuit where the filing occurs. It announces the application or petition, names and gives the address of the nominee if any, and warns creditors to present within four months after first publication.
After death, a trustee or successor trustee of a trust created by the decedent may use a parallel two-publication notice in the decedent's domicile circuit or the circuit where an appointment application is filed. The trustee notice directs claims to the trustee.
Records review is mandatory even though direct notice is optional
The personal representative must reasonably review the decedent's records to ascertain creditors. After appointment, the representative may mail or otherwise deliver the published or a similar notice to each known creditor.
The direct notice warns the creditor to present by the later of four months after publication, if publication occurred, or 60 days after mailing or other delivery. Section 560:3-801 does not make the representative liable to a creditor or successor merely for giving or failing to give that notice.
Either representative receipt or clerk filing can present the claim
A creditor may deliver or mail the representative a writing stating the basis, claimant's name and address, and amount. The creditor may instead file the rule-prescribed statement with the court clerk. Presentation occurs on the first of representative receipt or court filing.
The statement gives the maturity date for a claim not yet due, describes the uncertainty for a contingent or unliquidated claim, and describes security for a secured claim. A timely proceeding against the representative is another route, and a proceeding pending against the decedent at death needs no separate claim presentation.
Notice can shorten an 18-month outside period
When notice is used, § 560:3-803 applies the later-expiring notice period: four months after first publication or 60 days after written service. If neither compliant publication nor written service occurs, most predeath claims are barred 18 months after death.
An ordinary limitation or another nonclaim statute may expire earlier. Section 560:3-802 suspends certain limitations for four months after death and treats proper presentation as commencement of a proceeding for limitation purposes.
Initial presentation has no general extension
The researched provisions do not authorize a general extension of the four- month, 60-day, or 18-month presentation bars. Section 560:3-804 permits only a narrow extension of the later 60-day period for suing after a disallowance when the claim is not presently due or is contingent or unliquidated, and never beyond the applicable statute of limitations.
Liens, insurance, and professional claims are preserved
Section 560:3-803 preserves mortgage, pledge, and other lien enforcement. It also preserves a proceeding to establish liability only to the limits of insurance protection. Compensation and advanced-expense claims of the representative or trustee and their attorney or accountant also remain outside the ordinary bar provision.
What trips people up
Hawaii's reasonable records review is mandatory, but sending targeted written notice is phrased as optional. Do not merge those two rules.
Court filing alone can present a claim. Unlike dual-presentation states, Hawaii uses the first of representative receipt or clerk filing.
The 18-month period is the no-notice route. Publication or written notice can bar the claim much sooner, and an ordinary limitation can expire sooner still.
Common questions
Must a Hawaii estate publish creditor notice?
No. Section 560:3-801 says an applicant or petitioner may publish. If notice is not used, the 18-month death-based bar still applies to most predeath claims.
Does the representative have to search for creditors?
Yes. The representative must undertake a reasonable review of the decedent's records to ascertain creditors.
Can the creditor file only with the court clerk?
Yes. The claim is presented on the first of filing with the clerk or receipt by the personal representative.
Does the nonclaim period eliminate a mortgage or lien?
No. Section 560:3-803 expressly preserves a proceeding to enforce a mortgage, pledge, or other lien on estate property.
Statutes and sources
- Haw. Rev. Stat. § 560:3-801 — optional probate and trustee publication, known-creditor notice, records review, and claim-transfer rule. https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0801.htm (accessed 2026-08-12)
- Haw. Rev. Stat. §§ 560:3-802 and 560:3-803 — ordinary limitations, four-month/60-day notice bar, 18-month no-notice bar, liens, and insurance. https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0803.htm (accessed 2026-08-12)
- Haw. Rev. Stat. § 560:3-804 — representative or clerk presentation, contents, pending actions, and post-disallowance period. https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0804.htm (accessed 2026-08-12)
Source links
Every statute quoted above, linked, with the date we checked it.
What does Hawaii law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Hawaii law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace