Updated September 7, 2026. Quick answer: In Hawaii, you have the earliest of 90 days after notice, 12 months from informal probate, or 30 days after final settlement to contest a will that has already been admitted to probate, running from whichever of those three events happens first (capped at an outer 5 years from death for anyone never properly notified).
How long do you have to contest a will in Hawaii?
| Deadline to contest an admitted will | the earliest of 90 days after notice, 12 months from informal probate, or 30 days after final settlement |
| What starts the clock | whichever of those three events happens first (capped at an outer 5 years from death for anyone never properly notified) |
| Dedicated will-contest statute? | Yes |
“A proceeding to contest an informally probated will…may be commenced within: (A) Ninety days after receiving notice of an informal proceeding; (B) Twelve months from the date the will was informally admitted to probate; or (C) Thirty days from the entry of a formal order approving the accounts and settlement of the estate…whichever time period expires first.”
Source: Haw. Rev. Stat. § 560:3-108
What makes Hawaii different
Hawaii uses an ‘earliest of three triggers’ formula; the opposite of the ‘later of’ approach most Uniform Probate Code states use; so early notice can cut the window down sharply, though courts retain discretion to allow a late contest up to the outer 5-year mark if proper notice was never given. The controlling authority is Haw. Rev. Stat. § 560:3-108, and the window runs from whichever of those three events happens first (capped at an outer 5 years from death for anyone never properly notified).
What happens once this deadline passes?
Once the window above closes, Hawaii’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection Hawaii allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | Haw. Rev. Stat. § 560:3-108 |
| Hawaii courts (general reference) | Hawaii judicial branch |
| Confidence | High |
Every statute or rule quoted on this Hawaii page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own Hawaii probate court file can confirm.