Hawaii
Estate law, probate process, and inheritance rules for Hawaii — in plain language.
$3,000–$5,000 typical
Affidavit HRS §560:3-1201
Rate: 10%–20% graduated
Elective share: graduated (MUPC, 5%–50%)
Spouse + descendants of marriage: spouse takes 100%.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days
- ⏱Estate tax return: 9 months after death
- ⏱Inventory: 90 days after appointment
- ⚠HI estate tax threshold lower than federal
- ⚠HI real estate values often push estates over threshold
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Trust planning for estates > $4M
- →Lifetime gifting strategy
- HRS Chapter 560 (Uniform Probate Code)
- HRS §236E (Estate and Generation-Skipping Transfer Tax)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Hawaii.
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