Wills and probate in Hawaii
Key takeaway
Hawaii wills and probate rules explain how a person can direct property at death and how property passes when no will controls. The rules cover will signing, separate writings for personal items, self-proved wills, intestate shares for a surviving spouse or reciprocal beneficiary, and limited probate procedures. This information is for owners of businesses, real estate and private investments, and their families.
Making a will
Hawaii's ordinary will route requires a writing and two witnesses. The witnesses sign within a reasonable time after witnessing the signing or acknowledgment.
A holographic will may qualify without witnesses when its signature and material portions are handwritten.
Separate writing for personal items
Hawaii permits a signed writing to direct the disposition of items when it identifies the items and devisees with reasonable certainty. The writing can be prepared before or after the will is executed, and the testator may alter it after preparation.
Self-proving a will
Hawaii allows a will to be made self-proved during the signing process. The testator acknowledges the will and witnesses sign affidavits before an officer authorized to administer oaths.
An already-attested will can be made self-proved after execution. The testator acknowledges it and witnesses provide affidavits before an authorized officer, so self-proving can occur separately from signing.
Intestate shares for a surviving spouse or reciprocal beneficiary
Hawaii intestacy law gives a surviving spouse or reciprocal beneficiary the first amount stated in the law plus half the balance when the decedent leaves descendants who are not also descendants of that survivor. Any intestate estate not passing to the survivor goes to the decedent's surviving descendants by representation.
When no descendant survives but a parent does, the survivor receives the first amount stated in the law plus three-fourths of the balance. The survivor receives the entire intestate estate when no descendant or parent survives, or when all surviving descendants are shared and the survivor has no other surviving descendants.
Informal probate and small estates
A Hawaii application for informal probate must state that the time limit has not expired. The limit is five years or less since death, unless circumstances authorize tardy probate under section 560:3-108.
Hawaii provides a procedure for an estate with a gross value not exceeding $100,000. Motor vehicles registered in the decedent's name may be transferred regardless of value.
Common questions
Can a Hawaii will be self-proved after it is signed?
Yes. Hawaii permits an already-attested will to be made self-proved after execution. The testator acknowledges the will and witnesses provide affidavits before an officer authorized to administer oaths.
What does a surviving spouse receive under Hawaii intestacy law?
The share depends on surviving relatives. A surviving spouse or reciprocal beneficiary receives the first amount stated in the law plus half the balance when the decedent has descendants who are not shared with the survivor. When no descendant survives but a parent does, the share is the first amount stated in the law plus three-fourths of the balance.