For most Maui 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 Maui County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Second Circuit Court. The two tools that keep a Maui 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.
Without a recorded beneficiary designation or a trust, Maui County property passes through the Second Circuit Court — even simple Hawaii probates run 6+ months and start with $215 in filing fees.
A transfer on death deed names a beneficiary who receives Maui 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.
Deeds and other real property documents for Maui 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. Recording a 2-page transfer on death deed in Maui County comes to $41. A transfer on death deed is exempt from transfer tax.
Maui County accepts electronic recording through Simplifile, CSC, Indecomm and ePN.
Recording Office Record
Maui County
Phone
Hours
Office
Website
Fax
Recording fees
| 1-50 pages | $41 |
| 51+ pages | $106 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Bureau of Conveyances published fee schedule, eff. 2/27/2017 (dlnr.hawaii.gov/boc/recording-fees-new/, fetched 2026-10-16); rulemaking authority HRS 502-25(a); HAR § 13-16-22(a)(1)-(2) (am. and comp. 2/10/2017) states $35 / $100, raisable under HRS 92-28
Verified October 16, 2026 · Source
Solo PracticePaia, HI
Serves Maui's North Shore from Paia. Solo attorney David R. Spee handles probate and estate administration and prepares wills, trusts, powers of attorney, and beneficiary deeds. Licensed in Hawaii since 1989 and does not use mass-marketing seminars.
PracticesEstate PlanningProbateProbate Litigation
FirmKahului, HI
Serves Maui from Kahului. Handles probate proceedings, including estate disputes, alongside wills and living trusts. Attorney Jessica Daye holds a certificate in Native Hawaiian Law from Ka Huli Ao Center for Excellence in Native Hawaiian Law.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeKihei, HI
Serves Maui County from Kihei. The practice lists probate and fiduciary services together with estate planning, tax planning, and income tax assistance.
PracticesEstate PlanningTrust AdministrationProbateElder Law
Solo PracticeWailuku, HI
Serves Maui County from Wailuku. Handles trust administration and probate proceedings alongside estate planning, with legal assistants experienced in transfer (gift and estate) tax returns, deeds, and transfer on death deeds. Dwight Muraoka is a Fellow of the American College of Trust and Estate Counsel and has practiced solely in estate planning on Maui for over 34 years.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeLahaina, HI
Serves West Maui, including Lahaina, and has practiced there since 1977. Handles probate filing and court representation, guidance for executors and beneficiaries, resolution of estate disputes, and trust administration, along with wills and revocable, irrevocable, and special needs trusts. Offers a free initial consultation for estate planning.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeWailuku, HI
Serves Maui from Wailuku. Handles the initial stages of probate, including appointment of personal representatives, probate of wills, intestate estates, and appointment of special administrators, as well as trust interpretation, guardianship, and conservatorship, and prepares wills, trusts, and powers of attorney. The attorney was raised on Maui; the practice also covers landlord-tenant, criminal defense, and family law.
PracticesEstate PlanningProbate
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.
Data sourced from Hawaii statutes and official state code. How we research.
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.
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.
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.
Hawaii allows a choice for a healthcare power of attorney: 2HRS § 327E-16Verified Oct 15, 2026View source witnesses or a notary.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for Hawaii.
Estate planning articles for Hawaii.
