Do I Need a Trust in Hawaii?
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.
It depends on your estate size. In Hawaii, estates valued at $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or less skip probate with the Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified Sep 8, 2026View source. Above that line, probate takes 6 months to 9 months and costs about $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Hawaii 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, plus executor fees and court costs: about $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Hawaii probate calculator.
Hawaii allows estates valued at $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or less to use the Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Affidavit for Collection of Personal Property is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Hawaii typically take 6 months to 9 months through probate; average estates 9 months to 15 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Hawaii avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Hawaii trust vs. will comparison.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn more
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.
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.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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 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 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.
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.
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.
Are My Beneficiary Designations Protected?
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.
When you're ready, we're here.
Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.