← Back to search

HRS §560:3-405

How courts handle unopposed will cases

When no one opposes a request to handle a person's estate, the court can approve it based on the paperwork alone, or hold a hearing to check the facts. If the will's signing needs proof, one witness's statement is enough, or other evidence can be used.

beneficiariescourtsheirspersonal representatives

The statute, as written — Formal testacy proceedings; uncontested cases; hearings and proof

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 560:3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§560:3-409 Court decides if a will is valid and who inherits

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.