How Do I Name a Guardian for My Minor Children in Hawaii?
In Hawaii, a parent names a guardian for a minor child in a will or a separate signed writingHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18HRS § 560:5-102 ("Minor" = unemancipated individual who has not attained eighteen years of age)Verified Sep 15, 2026View source.
In Hawaii, a parent names a guardian for a minor child in a will or a separate signed writingHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source. It needs your signature, and the nomination covers the child until the age of majority, 18HRS § 560:5-102 ("Minor" = unemancipated individual who has not attained eighteen years of age)Verified Sep 15, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest findingHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Hawaii recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationHRS §§ 560:5-202, 560:5-204, 560:5-206Verified Sep 15, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Hawaii allows a Delegation of Power by Parent or Guardian (power of attorney), under which any adult can be authorized for a limited time (up to 1 year) without transferring custodyHRS § 560:5-105Verified Sep 15, 2026View source.
In Hawaii, a child 14 or older may choose their guardian, subject to the court's approvalHRS §§ 560:5-206(a), 560:5-203Verified Sep 15, 2026View source.
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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.
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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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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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.
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.
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 Sep 18, 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.
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 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.
Trust or Will: Which Costs Less?
In Hawaii, a will-based plan pays probate attorney fees of typically 2.3%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source to 3.6%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
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%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source to 3.6%HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
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Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.