How Do I Avoid Probate in Hawaii?

Hawaii has no general statute making a payable-at-death provision in a written instrument nontestamentaryHRS chs. 88, 412, 431 art. 10, 490 art. 8, 501 to 560Verified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Hawaii: Hawaii's survivorship vestings are joint tenancy and tenancy by the entirety, which spouses and reciprocal beneficiaries may hold. A grant to two or more persons creates a tenancy in common unless the instrument manifestly shows an intent to create a joint tenancy or a tenancy by the entiretyHawaii Bureau of Conveyances, FAQs; HRS §§ 502-41, 509-1, 509-2, 501-196; Rules of the Land Court 65, 70Verified Oct 26, 2026View source. Hawaii recognizes the transfer on death deedHRS 527-1 to 527-17Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Hawaii, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.