Are Beneficiary Designations Protected in Hawaii?
Hawaii automatically revokes an ex-spouse as beneficiary at divorceHRS § 560:2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Hawaii as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Hawaii automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesHRS § 560:2-804Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Hawaii sets no spousal-consent requirement of its own for an individual account.
Hawaii gives inherited IRAs partial protection from creditorsHRS § 651-124Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
Yes. Hawaii applies a per stirpes default to beneficiary designationsHRS § 560:2-706Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Hawaii
Free forms for planning your estate in Hawaii: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
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.
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.
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.
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.
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.
Tools for Planning Your Estate in Hawaii
Free tools for planning your estate in Hawaii: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Hawaii, four years at a public university cost about $90,456NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 10% above the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxHRS § 236E-6, § 236E-8Verified Sep 15, 2026View source above $5,490,000HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Hawaii costs an estimated $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Hawaii, a surviving spouse takes the entire estateHRS § 560:2-102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationHRS § 560:2-106Verified Oct 21, 2026View source.
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.
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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Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.