Hawaii

Hawaii Inheritance: Plan an Estate or Settle One

The Aloha State

Plan your Hawaii estate or settle a loved one's: free forms, probate courts, calculators, agencies, banks, and attorneys, in one place.

What Makes Hawaii Different

Hawaii has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeHRS Ch. 554D (Uniform Trust Code)Verified Jul 15, 2026View source, and has adopted the Uniform Power of Attorney ActHRS § 551E-3, § 551E-5, § 551E-9, § 551E-15, § 551E-16, § 551E-31, § 551E-47, § 551E-51 (L 2014, c 22); HRS § 502-84, § 501-174 (recording)Verified Sep 18, 2026View source.

Probate of a simple estate in Hawaii runs 6 months to 9 months; an average estate takes 9 months to 15 months. The court filing fee is $215Haw. Rev. Stat. § 607-5(b)(14), (c)(32); § 607-5.7(a)(2); Hawaii State Judiciary, List of Civil Filing Fees (updated 6/17/2022)Verified Sep 8, 2026; attorney fees are reasonable compensationHRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source. Informal, unsupervised probate is availableHRS § 560:3-301Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the Hawaii Department of Health - Vital Records Issuance SectionHawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source at $10Hawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source a copy, $4Hawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source for each additional copy ordered with it. Once appointed, the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 2HRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)Verified Sep 15, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadHRS §§ 560:2-202, 560:2-203, 560:2-211, 560:2-213 (am L 2023, c 158)Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsHRS § 553A-20Verified Sep 15, 2026View source of age. Hawaii taxes incomeHRS § 235-51(c), § 235-2.4(a)(2)(F); Act 46 SLH 2024 (H.B. 2404)Verified Sep 20, 2026View source at a top rate of 11%HRS § 235-51(c), § 235-2.4(a)(2)(F); Act 46 SLH 2024 (H.B. 2404)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: the state's preferential capital gains rates, capped at whichever computation produces the lower taxHRS § 235-51(f) (alternative tax on net capital gain, 7.25%) with § 235-51(c) rate table for taxable years beginning after Dec. 31, 2024 (Act 46, SLH 2024)Verified Sep 15, 2026View source.

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Data sourced from Hawaii statutes and official state code. How we research.

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Each county in Hawaii handles probate matters through its local court system. Click on any county to view specific court contact information, judges, filing procedures, and local requirements.

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