Hawaii Probate Deadlines: What to File and When

Hawaii's creditor deadline isn't limited to probate at all — a trustee can run the same clock independently, entirely outside the Circuit Court.

HRS Title 30A, Chapter 560, Part 8

Quick answer: the deadline that shapes the whole schedule is the 4-month creditor bar from first publication under § 560:3-803 — and Hawaii uniquely lets a trustee trigger that same bar without probate. See the full Hawaii probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineHawaii ruleStatute
Notice to creditors publishedOnce a week, 2 successive weeks§ 560:3-801(a)
Known creditor, mailed noticeClaim due within 4 months of publication, or 60 days from mailing, later§ 560:3-801(b)
Creditor claim bar, notice given4 months from first publication, or 60 days from mailing, whichever is later§ 560:3-803(a)(1)
Outer bar if notice never given18 months from date of death§ 560:3-803(a)(2)
Trustee's independent notice optionOnce a week, 2 successive weeks; same 4-month bar§ 560:3-801(f)

A trustee can run the same clock, without probate

Worth understanding clearly: under § 560:3-801(f), the trustee or successor trustee of any trust created by the decedent may independently publish a notice to creditors — and creditors who don't present their claim to the trustee within 4 months of that first publication are forever barred, the same as in probate. This lets a fully funded Hawaii trust cut off creditor claims quickly and definitively, without a personal representative ever being appointed or a probate case ever being opened.

18 months is Hawaii's own number

Most Uniform Probate Code states set either a 1-year or 3-year outer limit for claims when notice to creditors is never given. Hawaii's outer bar is 18 months from the date of death under § 560:3-803(a)(2) — distinctive middle ground that still makes prompt notice worth giving, since it shortens exposure to just 4 months instead.

Facing probate in Hawaii?

A local probate attorney can review your estate — many offer a free consultation.

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Hawaii probate deadlines — frequently asked questions

Why is Hawaii's 18-month outer bar unusual?

Most Uniform Probate Code states set a 1-year or 3-year outer limit when notice to creditors is never given. Hawaii sets 18 months under Section 560:3-803(a)(2) — a distinctive middle figure that still rewards giving notice promptly with the much shorter 4-month bar.

Can a known Hawaii creditor get more time than the general public?

Yes, if mailed notice comes late in the 4-month window — the claim bar for that creditor is the later of the 4-month published-notice date or 60 days after the mailing, under Section 560:3-803(a).

Is a Hawaii personal representative liable for failing to give notice to creditors?

No — Section 560:3-801(d) specifically states the personal representative is not liable to a creditor or a successor of the decedent for giving or failing to give notice.

Can a trustee of a decedent's trust give notice to creditors in Hawaii, separate from probate?

Yes — under Section 560:3-801(f), the trustee or successor trustee of any trust created by the decedent may independently publish notice to creditors, giving those creditors the same 4-month bar that applies in probate, without a personal representative ever being appointed.

Estimate for general guidance only, not legal advice. Based on HRS § 560:3-801, 560:3-803. Confirm current deadlines with the Circuit Court or a licensed Hawaii attorney.