Probate in Hawaii
Hawaii probate is administered in the Circuit Court (Probate Division) of the county where the deceased resided. Hawaii has four counties — Hawaii, Honolulu, Kauai, and Maui — each with its own court. Hawaii follows the Uniform Probate Code and allows informal (unsupervised) administration in most cases.
Hawaii probate typically takes 6–12 months. High real estate values in Hawaii mean careful estate planning is important to manage the state estate tax exposure.
Simplified estate procedures
Hawaii allows a small estate affidavit for personal property of $100,000 or less, available 30 days after death. Hawaii also has a simplified "summary administration" for certain estates.
Hawaii authorizes transfer on death deeds for real property — particularly valuable given Hawaii's high home values and the desire to pass real estate without probate.
Death certificates
Hawaii death certificates are issued by the Hawaii Department of Health (HDOH) Office of Health Status Monitoring. The cost is $10 per certified copy. Order through HDOH or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate. For estates above $5.49M, Hawaii estate tax filings add to documentation needs.
Estate and inheritance tax
- State estate tax: Hawaii imposes a state estate tax on estates with a gross value over $5.49 million (2024). Rates range from 10% to 20%.
- Inheritance tax: Hawaii has no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- High real estate values: Hawaii's high home values — among the highest in the nation — mean many estates approach or exceed the state estate tax threshold. Trust planning is especially important.
- Transfer on death deed: Hawaii allows transfer on death deeds for real property, enabling homeowners to avoid probate on real estate.
- Creditor claim period: 4 months from the date of first publication of notice to creditors.
- County courts: Hawaii's four county probate courts operate independently; practices can vary by island.
Key contacts
- Hawaii vital records: health.hawaii.gov/vitalrecords
- Hawaii State Judiciary probate: courts.state.hi.us
- Hawaii State Bar lawyer referral: hsba.org