Hey, quick question: If a spouse passes away and we own assets jointly (like the house, bank accounts, etc.), does it just automatically go to the surviving spouse without needing probate in Hawaii? Also, if the surviving spouse is the sole beneficiary on accounts like retirement or personal accounts, do those not need to go through probate either? Anyone been through something like this?
I believe you’re right! For joint assets, like a house or joint bank accounts, it usually doesn’t need probate, unless the deed is specifically set up differently. But for things like personal accounts, it might depend on whether you’re listed as the beneficiary. I’d recommend checking if everything is in joint names or as beneficiaries.
This is a little tricky. From what I know, if there’s no will and you’re the only spouse, you usually inherit everything. But if there are kids involved, it gets more complicated, and you might not get it all automatically.
It’s all about the beneficiary designations. If everything’s joint or you’re the beneficiary, there should be no probate. But if not, yes, probate will likely be involved to transfer ownership.
In Hawaii, I’ve heard you can do a simplified probate if the estate is under $100K and there’s just one beneficiary. It’s called small estate probate and it doesn’t need much to get done.
Also, just a heads-up: If the surviving spouse is on the accounts and property as a joint tenant or beneficiary, probate might not be necessary. But if the surviving spouse is NOT listed, then probate is typically required to transfer ownership.