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.
Certified copies come from the Hawaii Department of Health - Vital Records Issuance SectionHawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $10Hawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source and each additional copy ordered with it $4Hawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source; standard processing takes 6 to 8 weeks (online orders delivered by mail)Hawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Hawaii death certificate guide carries the ordering details.
Hawaii sets an order for who controls the disposition of remains: surviving spouse, surviving civil union partner, or surviving reciprocal beneficiary, then surviving children of the decedent, then surviving parents of the decedentHRS § 531B-4(a)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceHRS § 531B-3; HRS § 531B-5Verified Oct 17, 2026View source, and a written designation outranks the default order. The Hawaii burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, 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.
The opening petition is prepared to statute and filed with the Circuit CourtHaw. Rev. Stat. ch. 560, art. III (UPC); §§ 560:3-103 (letters), 3-301 to 3-311 (informal), 3-401 to 3-414 (formal)Verified Aug 24, 2026View source. Registrar issues Letters Testamentary or Letters of Administration after the court grants the petition. The Hawaii Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Hawaii typically settles in 6 months to 9 months, and an average estate in 9 months to 15 months. The creditor claim period of 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Hawaii: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Hawaii.
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Affidavit of Death
In Hawaii, a surviving joint owner records the “Affidavit to note the death of a spouseHawaii Bureau of Conveyances, FAQs (Ownership Status and/or Tenancy)Verified Oct 26, 2026View source”.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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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.
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Notice to Creditors
In Hawaii, creditors have 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source from first publication to present claims.
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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.
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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.
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Estate Inventory
In Hawaii, the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment.
Free tools for settling an estate in Hawaii: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Hawaii.
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 Oct 15, 2026View source; the first copy costs $10Hawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source, additional copies $4Hawaii Department of Health - Vital Records Issuance SectionVerified Oct 15, 2026View source each.
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Do I Need Probate?
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.
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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Hawaii, what the survivor records is the “Affidavit to note the death of a spouseHawaii Bureau of Conveyances, FAQs (Ownership Status and/or Tenancy)Verified Oct 26, 2026View source”.
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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.
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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 Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
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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.
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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.
Hawaii Executor ChecklistHRS § 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, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Hawaii: State law sets the order of who controls disposition of remains. Order: Person designated by decedent in a testamentary disposition or written instrument per s 531B-5; then Surviving spouse, surviving civil union partner, or surviving reciprocal beneficiary (ss 572B-1, 572C-3); then Surviving children of the decedent (majority rules; fewer may act after reasonable efforts to notify the others and a 5-day wait); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Hawaii: A burial or disposition permit is required, issued by the local agent of the Department of Health in the county where the death occurred or the body was found (HRS § 338-23). The death certificate must be filed within 3 days. Median prices on 5 Hawaii funeral homes' general price lists: direct cremation $1,715.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Hawaii: Order from Hawaii Department of Health - Vital Records Issuance Section. Fee: $10/copy ($4 additional). Available: online, mail, in-person. Processing: 6 to 8 weeks (online orders delivered by mail).
Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.
Hawaii: Homestead exemption up to $20,000. Minor children also protected.HRS §§ 651-91, 651-92Verified Oct 10, 2026View source
Locate estate planning documents
Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.
Determine if probate is necessary
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.
Hawaii: Small estate affidavit available for estates under $100,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.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, 2026View source
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Hawaii: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Hawaii's estate recovery program (Hawaii Department of Human Services, Med-QUEST Division) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Hawaii: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (HRS § 560:2-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Hawaii: Homestead exemption up to $20,000. Acreage limits: 1 acres urban, 1 acres rural. Minor children also protected. Hawaii allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.HRS §§ 651-91, 651-92Verified Oct 10, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Probate must be opened within 5 years of the deathHRS § 560:3-108Verified Aug 24, 2026View source
Hawaii: Statewide form: Petition for formal probate of will and/or appointment of personal representative. File with the Circuit Court (Probate). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $215. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-15 months.Haw. Rev. Stat. ch. 560, art. III (UPC); §§ 560:3-103 (letters), 3-301 to 3-311 (informal), 3-401 to 3-414 (formal)Verified Aug 24, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Hawaii: Letters Testamentary are issued by the Registrar (officer of the circuit court) on the informal track; the circuit court on the formal track — letters issue after appointment and qualification. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Death certificate — no statute or probate rule conditions an application or petition on filing one, but the mandatory statewide flag sheet requires the petitioner to state what it shows (HPR Rule 81 / Appendix A Flag Sheets 1-A, 1-B), and the Judiciary describes embossed CERTIFIED copies being submitted, sealed on filing (HPR Rule 3(d); HRS 560:1-311); Original will and any codicils (for testate estates); Application for informal probate / appointment OR petition for formal probate / appointment, verified by the applicant (notarized for informal applications) (HRS 560:3-301; HPR Rule 5(a)); Completed informal probate information sheet, in form acceptable to the registrar, with any informal application (HPR Rule 50(c)); Statement of acceptance of the duties of the office (HRS 560:3-601); Bond only if required (HRS 560:3-603) — not required of an informal appointee absent a will requirement or a demand; HPR flag sheet accompanying any petition (HPR Rule 81 / Appendix A flag sheets 1-A, 1-B, 1-C-C, 1-C-CG, 1-D, 1-E, 1-F).Haw. Rev. Stat. ch. 560, art. III (UPC); §§ 560:3-103 (letters), 3-301 to 3-311 (informal), 3-401 to 3-414 (formal)Verified Aug 24, 2026
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Hawaii: Publication is optional in Hawaii, but publishing for 2 consecutive weeks is what starts the claim period. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 60 days from the mailing. Proof of publication must be filed with the court.HRS §§ 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 Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Hawaii: Hawaii has adopted digital asset access laws (2016). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.HRS ch. 556A (Uniform Fiduciary Access to Digital Assets Act)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Hawaii: Search Hawaii Department of Budget and Finance, Unclaimed Property Program for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Hawaii: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (HRS § 560:2-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 90 days after appointment as personal representativeHRS § 560:3-706Verified Sep 15, 2026View source
Hawaii: Inventory due within 90 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.HRS § 560:3-706Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Hawaii: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Reasonable funeral expenses (including DHS claims per § 346-15); then Debts and taxes with preference under federal law; then remaining claims in statutory order.HRS §§ 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 Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 4 months from first publication of the creditor noticeHRS §§ 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 Oct 18, 2026View source
Hawaii: Creditor claim period is 4 months from first publication. All claims are barred 18 months after death regardless of notice.HRS §§ 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 Oct 18, 2026View source
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Hawaii: File Form N-11 for January 1 through date of death. Due April 20 following year of death (Hawaii uses 20th day of 4th month). Mark "Deceased" oval and enter date of death. Attach Form N-110 (Statement of Person Claiming Refund Due a Deceased Taxpayer) if refund is due.HRS §§ 235-94, 235-97(b), 236E-6, 236E-9; HAR §§ 18-235-94, 18-235-98Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Hawaii: File Form N-40 for estate/trust income. Required when Taxable income of $400+ (estate); $200+ (trust distributing all income); $80+ (other trust) — HAR § 18-235-94(b); HRS § 235-94(d). Form N-40 also requires filing on gross income of $400+ (estate or trust), or any taxable income (trust). Due April 20 (calendar year); automatic 6-month extension (no application required). File Form N-201V by original due date if payment is owed. Federal Form 7004 may not be used for Hawaii. Estimated payments required if liability $500+.HRS §§ 235-94, 235-97(b), 236E-6, 236E-9; HAR §§ 18-235-94, 18-235-98Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required; Hawaii Form M-6 due 9 months after date of deathHRS §§ 235-94, 235-97(b), 236E-6, 236E-9; HAR §§ 18-235-94, 18-235-98Verified Sep 10, 2026
Hawaii: Has STATE ESTATE TAX with $5,490,000 exemption. File Form M-6, due 9 months after date of death.HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Hawaii: No mandatory tax clearance. Form M-6A (Request for Release) available to obtain release confirming freedom from liability under HRS Chapter 236E. Available even for estates not required to file Form M-6.HRS §§ 235-94, 235-97(b), 236E-6, 236E-9; HAR §§ 18-235-94, 18-235-98Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Hawaii: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.HRS § 560:3-719 (reasonable compensation; no statutory percentage; the § 607-18 percentage schedule applies to trustees, not personal representatives)Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
