When Is Probate Required in Hawaii?

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 probate in Hawaii. A revocable living trust outlines alternatives to probate for real estate.

In Hawaii, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), real estate with a recorded transfer-on-death deed, and jointly owned property with right of survivorship. The trust vs. will comparison outlines how a trust helps bypass probate.

In Hawaii, simple estates typically take 6-9 months. Average estates take 9-15 months. Complex estates with disputes or unusual assets can take 15-30 months or longer. Estimate total costs with the Hawaii probate calculator.

Probate costs in Hawaii typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $28,206 depending on complexity. Use the Hawaii probate cost calculator for a detailed estimate.

Small Estates Administration by the Clerk of the Circuit Court in Hawaii applies the same $100,000 ceiling as the small estate procedure but covers different property — Real property cannot be transferred through this procedure in Hawaii — an estate that includes real estate uses a separate process.HRS § 560:1-101 (UPC short title), § 560:3-1201 (small estate affidavit, $100K gross), § 560:3-1203 (PR summary administration), § 560:3-1205 ($100K clerk-of-court administration of a small estate — distinct from the § 560:3-1203 summary administration procedure, which has no dollar threshold), § 560:3-301 (informal probate; applications directed to the registrar), § 560:3-603 (bond), § 560:3-706 (inventory and appraisement by the PR), § 560:3-715 (PR transactions / independent admin), § 560:3-719 (PR compensation — reasonable), § 560:3-721 (review of attorney/PR compensation), § 607-18 (percentage compensation of TRUSTEES; cross-references PRs to §§ 560:3-719 to 3-721), § 560:3-801(a) (permissive estate notice to creditors, two successive weeks, amended L 2023, c 158, §41), § 560:3-801(f) (trustee notice to creditors, two successive weeks, amended L 2024, c 7, §2), § 560:3-803 (claim limitations), § 607-5(b)(14) ($100 circuit court probate filing fee), § 560:3-1211 (Part 12 proceedings free from costs of court; clerk's fee of 3% of the first $100,000 of the gross estate in a § 560:3-1205 administration), § 607-5(a) (circuit-court fee schedule does not reach small estates whose cost is fixed by another statute)Verified Sep 8, 2026

The most common ways to avoid probate in Hawaii include creating a revocable living trust, adding beneficiary designations to accounts, recording a transfer-on-death deed, and titling property as joint tenants with right of survivorship. The trust vs. will comparison compares the two approaches side by side.