Should You Get a Trust or a Will in Hawaii?
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.
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. The trust also distributes assets faster than the 6 months to 9 months probate timeline a simple estate takes.
Probate in Hawaii runs 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 in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Hawaii probate calculator.
No. A will must go through probate in Hawaii. A small estate may qualify for a simplified route: 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. 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.
Simple estates in Hawaii typically take 6 months to 9 months through probate; average estates 9 months to 15 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Hawaii: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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New Home
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Marriage
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New Baby or Adoption
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Serious Diagnosis
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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.
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.
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 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 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.
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.
How Do I Name a Guardian for My Minor Children?
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.
Do I Need a Revocable Trust?
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.
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Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.