Hawaii's Four Circuit Courts for Probate

Q: Why doesn't Hawaii have a Fourth Circuit?

Kauai was originally the Fourth Circuit, but the circuits were renumbered over time, leaving Hawaii with First, Second, Third, and Fifth Circuits and no Fourth.

Quick answer: Hawaii probate goes through the Circuit Court of the judicial circuit where the decedent was domiciled — First (O'ahu), Second (Maui), Third (Hawai'i Island), or Fifth (Kaua'i). There is no Fourth Circuit, and no separate county-level probate court at all. See how this affects your own estimate in the Hawaii probate timeline calculator.

The four circuits

Circuit	Island(s)
First Circuit	O'ahu
Second Circuit	Maui, Moloka'i, Lana'i
Third Circuit	Hawai'i Island (the Big Island)
Fifth Circuit	Kaua'i, Ni'ihau

Where the Fourth Circuit went

A small historical quirk: Kaua'i was originally designated the Fourth Circuit, but Hawaii's judicial circuits were renumbered over time, leaving the state with First, Second, Third, and Fifth Circuits — and no Fourth. It's a naming artifact rather than a gap in coverage; every island is still assigned to one of the four active circuits.

No county step, unlike many mainland states

Hawaii has no county-level probate court, no probate registrar's office separate from the court, and no equivalent to a county commission or clerk-of-court probate division found in some other states. The Circuit Court — a court of general jurisdiction — handles the case directly, whether informally through a registrar or formally before a judge.

Informal vs formal, within the same court

Most uncontested Hawaii estates use informal, registrar-handled probate, with minimal court involvement. A contested will or a disputed appointment moves the case to formal testacy and appointment proceedings before a Circuit Court judge, who resolves the validity of the will and the priority for appointment — and supervised administration can follow, requiring the personal representative to return to court for authority an informally appointed representative would exercise alone.

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Hawaii's Circuit Courts — frequently asked questions

Which Circuit Court handles a Hawaii estate?

Whichever Circuit Court covers the judicial circuit where the decedent was domiciled at death — First Circuit for O'ahu, Second for Maui, Third for Hawai'i Island, or Fifth for Kaua'i.

Why doesn't Hawaii have a Fourth Circuit?

Kaua'i was originally the Fourth Circuit, but the circuits were renumbered over time, leaving Hawaii with First, Second, Third, and Fifth Circuits and no Fourth.

Does Hawaii have county-level probate courts?

No — Hawaii has no county-level court step of the kind found in many mainland states. The Circuit Court, a court of general jurisdiction, handles probate directly.

What's the difference between informal and formal probate in Hawaii?

Informal probate is registrar-handled, for uncontested estates with a clear will or clear heirs. Formal testacy and appointment proceedings go before a Circuit Court judge, who resolves the validity of the will and priority for appointment.

Estimate for general guidance only, not legal advice. Based on Hawaii's Uniform Probate Code (HRS Chapter 560). Which circuit and track applies to a specific estate depends on its own facts. Consult a licensed Hawaii attorney before proceeding.