Estate Planning for Kauai County, Hawaii Property Owners

For most Kauai County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Kauai County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Fifth Circuit Court. The two tools that keep a Kauai County home out of probate are a transfer-on-death deed recorded with the Bureau of Conveyances, and a revocable living trust that holds title to the property.

Skipping this planning step means the Fifth Circuit Court decides who receives the property: a simple Hawaii probate takes 6+ months and opens with $215 in court filing fees.

Record a Transfer-on-Death Deed in Kauai County

A transfer on death deed names a beneficiary who receives Kauai County property automatically at the owner's death, without probate. It is recorded with the Bureau of Conveyances during the owner's lifetime and can be revoked at any time.

Before recording, a Hawaii transfer on death deed is signed with notary acknowledgmentHRS 527-1 to 527-17Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathHRS 527-1 to 527-17Verified Oct 18, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Kauai County are recorded with the Bureau of Conveyances at 1151 Punchbowl Street, Room 120, Honolulu, HI 96813. Phone: 1-808-587-0147. Hours: Monday-Friday 7:45 AM-4:30 PM (except state holidays).

Documents submitted by mail go to P.O. Box 2867, Honolulu, HI 96803.

The Bureau of Conveyances charges $41 for 1-50 pages, $106 for 51+ pages. A 2-page transfer on death deed costs $41 to record in Kauai County. A transfer on death deed is exempt from transfer tax.

Kauai County accepts electronic recording through Simplifile, CSC, Indecomm and ePN.

Recording Office Record

Bureau of Conveyances

Kauai County

Hours

Monday-Friday 7:45 AM-4:30 PM (except state holidays)

Office

1151 Punchbowl Street, Room 120, Honolulu, HI 96813

Mail

P.O. Box 2867 Honolulu, HI 96803

Fax

1-808-587-0136

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Kauai County

Serves Kauai from Watumull Plaza in Lihue. Handles estate and trust administration for executors and trustees, represents estates, trusts, and will contestants in estate and trust litigation, and provides ancillary probate for out-of-state decedents who owned Hawaii property. Attorneys Cynthia Hannah-White and Katherine A. Caswell work primarily in estate planning and administration.

Serves 1 countyEstate PlanningTrust AdministrationProbateAsset ProtectionLong Term Care

Serves Kauai from the historic Lihue Plantation building in Lihue. The office assists with administration of probate and trust assets and debts, including probate filings, trust documentation, oversight of distributions to beneficiaries, and deeds and affidavits to transfer property. The practice opened in 2011, after Dawn Murata spent eight years with a Kauai firm.

Solo PracticeServes 1 countyEstate PlanningProbateElder Law

Law Office of Sherman Shiraishi, ALC

2403 Ulu Maika Street, Lihue, HI 96766

Serves Kauai from Ulu Maika Street in Lihue. A two-attorney office: Mia R. Shiraishi, admitted in Hawaii in 2014, is a member of the Hawaii State Bar Association Probate & Estate Planning section, and Sherman T. Shiraishi has been admitted in Hawaii since 1979.

Serves 1 countyEstate PlanningProbate

Kauai office of a Honolulu-based firm, located on Pahe'e Street in Lihue. Its Trusts & Estates practice handles trust administration and probate and guardianship and conservatorship proceedings. Kauai partner Michael D. Scarbo, a Kauai resident since 2003, practices primarily in estate planning and real estate.

Serves 1 countyEstate PlanningTrust AdministrationProbateConservatorshipGuardianship

Serves Oahu, Maui, Kauai, and Hawaii Island from downtown Honolulu. Guides personal representatives through probate filings, creditor payments, and distributions, handles small estate procedures, and advises trustees on fiduciary duties, asset management, and distribution in trust administration. Practicing in Hawaii for over 35 years.

Serves 4 countiesEstate PlanningTrust AdministrationProbate

Statewide firm headquartered in downtown Honolulu with offices in Kahului, Kona, Lihue, and Waimea. Its Trusts & Estates Group counsels trustees and personal representatives through trust and estate administration, and handles conservatorship and guardianship proceedings and contested trust, estate, conservatorship, and guardianship matters through mediation or litigation.

Serves the whole stateEstate PlanningTrust AdministrationProbateTrust LitigationConservatorship+3

See all 18 firms serving Kauai County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(2)·

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

Forms for Planning Your Estate in Hawaii

Free forms for planning your estate in Hawaii: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Hawaii.

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Last Will and Testament

In Hawaii, a will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyHRS § 560:2-502Verified Oct 18, 2026View source.

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Codicil to a Will

In Hawaii, a codicil is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyHRS § 560:2-504Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Hawaii allows a choice for a healthcare power of attorney: 2HRS § 327E-16Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

In Hawaii, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and reproductive health informationHRS § 325-101(a); HRS § 323J-2(a)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Hawaii treats a power of attorney as durable by defaultHRS § 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, and it is signed with no witness or notary requirementHRS § 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 Oct 21, 2026View source.

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Transfer on Death Deed

In Hawaii, a transfer on death deed is signed before a notaryHRS 527-1 to 527-17Verified Oct 18, 2026View source, then recorded with the county before the owner's deathHRS 527-1 to 527-17Verified Oct 18, 2026View source. Hawaii does not recognize a Lady Bird deed.

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Living Will

In Hawaii, the living will is the Advance Health-Care DirectiveHRS ch. 327E (Uniform Health-Care Decisions Act (Modified)), §§ 327E-1 to 327E-16Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In Hawaii, a pour-over will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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All Hawaii forms

Tools for Planning Your Estate in Hawaii

Free tools for planning your estate in Hawaii: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Hawaii and read its answer.

How Do I Sign Estate Documents?

In Hawaii, a will is signed before 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and notarization is not requiredHRS § 560:2-502Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Hawaii recognizes a will signed under the law of the place where it was signedHRS § 560:2-506Verified Oct 18, 2026View source; a will signed in Hawaii itself needs 2HRS § 560:2-502Verified Oct 18, 2026View source witnesses, and notarization is not requiredHRS § 560:2-502Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Hawaii, a will-based plan pays probate attorney fees of typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Hawaii runs $3,900Estimate: 10 hours at $390, Clio's Hawaii Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,850Estimate: 15 hours at $390, Clio's Hawaii Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Hawaii runs $1,218Estimate: 3 hours at $406, Clio's Hawaii Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,436Estimate: 6 hours at $406, Clio's Hawaii Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Hawaii, a parent names a guardian for a minor child in a will or a separate signed writingHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18HRS § 560:5-102 ("Minor" = unemancipated individual who has not attained eighteen years of age)Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Hawaii takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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Hawaii Estate Planning Articles

Estate planning articles for Hawaii.