Wills and estate planning in Hawaii

Researched 2026-10-20 · confidence: medium · 2026 figures

In plain words: in Hawaii a will is valid when it's signed in front of 2 adult witnesses. There is a state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2
Handwritten (holographic) will	Recognised
Self-proving affidavit	Available
Electronic wills	Not allowed
Power of attorney	No notary · Uniform Power of Attorney Act
Health care directive	2 witnesses or a notary
State estate tax	Yes
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: HRS § 560:2-502.

Signing by an interested witness invalidates neither the will nor any gift to the witness (HRS § 560:2-505(b)).

Uniform Probate Code state. Holographic will is valid if the signature and material portions are in the testator's handwriting (§ 560:2-502(b)). Hawaii did NOT adopt the UPC notary alternative to witnesses. No electronic-wills statute was found. Hawaii statutes give reciprocal beneficiaries spouse-like rights (intestacy, elective share). Community property acquired elsewhere may be governed by HRS ch. 510 (Uniform Disposition of Community Property Rights at Death Act).

Power of attorney

Statute: HRS ch. 551E (Uniform Power of Attorney Act, eff. Jan. 1, 2015).

Only the principal's signature is required. Acknowledgment before a notary makes the signature presumed genuine (§ 551E-3(b)) and triggers the third-party acceptance and reliance protections (§§ 551E-15, -16). Notarize in practice, which is also needed to record real-property transactions. Hot powers need an express grant (§ 551E-31); gift limits at § 551E-47; statutory form at § 551E-51.

Health care directive

Called: Advance Health-Care Directive.

Statute: HRS ch. 327E (Uniform Health-Care Decisions Act (modified)); execution § 327E-3; sample form § 327E-16.

Witnesses cannot be a health-care provider, an employee of a health-care provider or facility, or the agent. At least one witness must be unrelated to the principal by blood, marriage or adoption and not entitled to any part of the estate (§ 327E-3(c)-(d)).

Two witnesses OR acknowledgment before a notary in Hawaii (§ 327E-3(b)). An agent cannot be an owner, operator or employee of the institution where the principal is receiving care, unless related to the principal. Optional sample form in § 327E-16. No state-agency form URL was confirmed.

If there's no will: what a spouse gets

The spouse (or reciprocal beneficiary) takes the entire intestate estate when all of the decedent's descendants are also the spouse's and the spouse has no other descendants (HRS § 560:2-102(1)(B)).

A spouse's right to a share

50% of the marital-property portion of the augmented estate, plus a supplemental amount bringing the total to at least $90,000 (HRS § 560:2-202).

Estate and inheritance tax

Yes. Exclusion is the federal amount frozen as of Dec. 31, 2017, about $5.49 million, not indexed (HRS § 236E-6); rates up to 20%. 2026 bills to cut it to $3M (HB 2148 / SB 2469) showed no enactment, but their final status could not be confirmed.

No inheritance tax.

Probate

UPC informal probate is available. For estates of $100,000 or less, the court clerk can issue a small-estate order without notice or hearing (HRS § 560:3-1205).

Money God drafts a Hawaii will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.