Hawaii living trusts & estate documents

Living trust law in Hawaii

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Hawaii, trusts are governed by the Hawaii Uniform Trust Code, HRS Chapter 554D.

Avoiding probate in Hawaii

Probate in Hawaii is governed by the HRS Chapter 560 (UPC) and handled by the Circuit Court. See state probate code for administration options.

Collection by affidavit is available for Hawaii estates of $100,000 or less, excluding motor vehicles (HRS § 560:3-1201). That simplified procedure is set out in Collection by affidavit, HRS §560:3-1201. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Hawaii homeowners in particular set one up. Hawaii also authorizes a transfer-on-death deed (Haw. Rev. Stat. § 527-5) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Hawaii, creditors generally have 4 months after the first published notice (18-month outside bar from death) to file claims against the estate (Haw. Rev. Stat. § 560:3-803) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Hawaii

Hawaii levies its own estate tax on top of the federal one, and at a much lower exemption: Hawaii has an estate tax (exclusion around $5.49 million). The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Hawaii

A surviving spouse in Hawaii who is left out of the will can instead claim an elective share of 50% of the marital-property portion of the augmented estate under Haw. Rev. Stat. § 560:2-202 — a protection the will itself cannot override.

Hawaii also sets aside a homestead allowance of $30,000 for a surviving spouse and minor children (Haw. Rev. Stat. § 560:2-402), protected ahead of most creditors.

Signing your Hawaii documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Hawaii — follow those as the authoritative guide.

Serving all of Hawaii

Answer the questionnaire from anywhere in Hawaii and download your completed documents in minutes: Honolulu, East Honolulu, Pearl City, Hilo, Waipahu, Kailua, Kaneohe, Mililani, Kahului, Ewa Gentry, Kihei, Kapolei, and every community in between.