Probate in Hawaii: A Complete Guide

Hawaii adopted the Uniform Probate Code and offers a streamlined informal probate process that most families never need to fight through court for. The big planning consideration in Hawaii is the state's own estate tax — Hawaii is one of just over a dozen states that imposes one, with an exemption that hasn't moved since 2018 even as the federal exemption has climbed much higher. This guide covers both.

Does Hawaii Always Require Probate?

No. Assets held in a revocable living trust, real estate transferred by a Transfer-on-Death Deed (Hawaii adopted these in 2011), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and tenancy-by-the-entirety property for spouses all pass outside of probate.

The Hawaii Small Estate Affidavit ($100,000)

For estates with a total value of $100,000 or less (Haw. Rev. Stat. § 560:3-1201), Hawaii allows a Small Estate Affidavit for collecting personal property. It can be used starting 30 days after death and is presented directly to the institutions holding the assets — no court filing required. Registered motor vehicles can be transferred this way regardless of value, but the affidavit cannot transfer real estate.

Informal vs. Formal Probate

• Informal probate: Hawaii's preferred path. Handled administratively by the Circuit Court Probate Registrar, without hearings.
• Formal probate: Required when there's a will contest or other complications requiring judicial resolution.

How to Open Informal Probate in Hawaii

1. File an Application for Informal Probate of Will and Informal Appointment of Personal Representative in the Circuit Court of the circuit where the deceased was domiciled — 1st Circuit covers Oahu, 2nd Circuit covers Maui, 3rd Circuit covers Hawaii Island, and 5th Circuit covers Kauai.
2. The Probate Registrar reviews the application, usually within a few weeks.
3. If approved, the court issues Letters Testamentary or Letters of Administration.

The Hawaii Estate Tax

Hawaii imposes its own state estate tax, separate from the federal tax:

• Exemption: $5.49 million per person. Hawaii's exemption matched the federal exemption back in 2018 but has been frozen ever since, while the federal exemption has climbed to $15 million as of 2026 — meaning Hawaii's threshold is now far lower than the federal one. Hawaii does recognize portability between spouses, which can double the effective shelter to roughly $10.98 million for a married couple that files the portability election on time.
• Rates: Graduated from 10% just above the exemption up to 20% on the largest estates.
• Return: Hawaii Form M-6, due 9 months after death, for estates above the threshold.

Because Hawaii real estate values are so high, many estates that look modest on paper — a single Honolulu home plus ordinary retirement and life insurance assets — can land at or above the $5.49 million threshold.

Hawaii Personal Representative Compensation

Hawaii allows "reasonable compensation" for the personal representative, with no statutory rate. Compensation typically runs 1–4% of estate value, depending on complexity.

Creditor Claims in Hawaii

If the personal representative publishes a Notice to Creditors, claims must be presented within 4 months of the first publication date (Haw. Rev. Stat. § 560:3-803), or within 60 days of direct written notice to a known creditor, whichever is later. Without published notice, creditors generally have 18 months from the date of death to present a claim.

Intestacy in Hawaii

If there is no will, Haw. Rev. Stat. § 560:2-102 governs the surviving spouse's share:

• No surviving descendants or parents, or all descendants are shared and the spouse has no other descendants: Spouse inherits everything.
• No descendants, but a surviving parent: Spouse takes the first $400,000 plus 3/4 of the balance.
• All descendants are shared with the spouse, but the spouse has other descendants too: Spouse takes the first $330,000 plus 1/2 of the balance.
• One or more descendants are not the spouse's: Spouse takes the first $220,000 plus 1/2 of the balance.