When Is Probate Required in Hawaii?
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.
Frequently Asked Questions
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.
Real property cannot be transferred through this procedure in Hawaii — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateHRS 527-1 to 527-17Verified Jul 15, 2026 in Hawaii. The Hawaii trust vs. will comparison sets the two routes side by side.
In Hawaii, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedHRS 527-1 to 527-17Verified Jul 15, 2026, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Hawaii, a simple estate typically takes 6 months to 9 months through probate, and an average estate 9 months to 15 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Hawaii are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateHRS 527-1 to 527-17Verified Jul 15, 2026, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Learn moreForms for Settling an Estate in Hawaii
Free forms for settling an estate in Hawaii: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Hawaii, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableHRS § 560:3-301Verified Sep 8, 2026View source.
Notice to Creditors
In Hawaii, the notice to creditors is published for 2HRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Hawaii, a person named as personal representative may renounce the right to serveHRS § 560:3-203(c)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Hawaii, the Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified Sep 8, 2026View source covers estates valued at $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Hawaii, the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment.
Estate Closing
In Hawaii, the personal representative is discharged automatically once the statutory period runsHRS §§ 560:3-1003(b), 560:3-1005Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Hawaii
Free tools for settling an estate in Hawaii: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Hawaii, certified death certificates come from the Hawaii Department of Health - Vital Records Issuance SectionHawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source; the first copy costs $10Hawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source, additional copies $4Hawaii Department of Health - Vital Records Issuance SectionVerified Sep 1, 2026View source each.
Do I Have to File Tax Returns for Someone Who Died?
Hawaii requires a final state income tax return for the decedent alongside the federal Form 1040HRS § 235-51(c), § 235-2.4(a)(2)(F); Act 46 SLH 2024 (H.B. 2404)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Hawaii: the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsHRS §§ 560:3-801, 560:3-803, 560:3-805, 560:3-806 (am L 2023, c 158; § 3-801 am L 2024, c 7)Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Hawaii, the estate either qualifies for the simplified procedure for estates under $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Hawaii levies an estate taxHRS § 236E-6, § 236E-8Verified Sep 15, 2026View source above $5,490,000HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source (top rate 20%HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Hawaii, beneficiaries owe no inheritance tax and the estate pays any estate taxHRS § 236E-6, § 236E-8Verified Sep 15, 2026View source above $5,490,000HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Hawaii take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces the state's preferential capital gains rates, capped at whichever computation produces the lower taxHRS § 235-51(f) (alternative tax on net capital gain, 7.25%) with § 235-51(c) rate table for taxable years beginning after Dec. 31, 2024 (Act 46, SLH 2024)Verified Sep 15, 2026View source.
Hire a Hawaii Probate Attorney
Browse 65 probate firms in Hawaii with addresses, contact info, and practice details.
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Hawaii Estate Settlement Resources
In-depth guides covering Hawaii probate, estate administration, and settling an estate.