Wills, Estate Planning & Probate Lawyers in Hawaii

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Secure your family assets and streamline estate transfers with trusted Hawaii wills, trusts, and probate attorneys who understand unique island real estate laws. Competent legal guidance prevents protracted circuit court disputes and minimizes state estate tax burdens. Examine our verified Hawaii directory below to retain reputable estate counsel.
3FG Law - Honolulu, HI - Attorney in Honolulu

3FG Law - Honolulu, HI

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1888 Kalākaua Ave Suite C132, Honolulu, Hawaii
Specializing in: LGBTQ+ Estate Planning, Women's Estate Planning, High-Net-Worth Estate Planning
Rego & Nakoa Attorneys at Law - A Law Corporation - Honolulu, HI - Attorney in Honolulu

Rego & Nakoa Attorneys at Law - A Law Corporation - Honolulu, HI

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500 Ala Moana Blvd, Honolulu, Hawaii
Free Consultation
Specializing in: Workers Compensation, Estate Planning, Family Law, Real Estate Transactions
Law Office of Samuel K.L. Suen - Honolulu, HI - Attorney in Honolulu

Law Office of Samuel K.L. Suen - Honolulu, HI

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1575 S Beretania St, Honolulu, Hawaii
Free Consultation
Specializing in: Estate Planning, Probate, Guardianship, Trust Administration
Est8Planning Counsel LLLC - Honolulu, HI - Attorney in Honolulu

Est8Planning Counsel LLLC - Honolulu, HI

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201 Merchant St #1800, Honolulu, Hawaii
Specializing in: Elder Law, Medicaid Planning, Special Needs Trusts, Asset Protection
Kleintop & Luria LLP - Honolulu, HI - Attorney in Honolulu
Kleintop & Luria LLP - Honolulu, HI

Kleintop & Luria LLP - Honolulu, HI

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55 Merchant St, Honolulu, Hawaii
Specializing in: High Net Worth Divorce, Military Divorce, Child Custody, Paternity
Amphay Champathong, JD Estate Planning Group - Honolulu, HI - Attorney in Honolulu

Amphay Champathong, JD Estate Planning Group - Honolulu, HI

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1585 Kapiolani Blvd, Honolulu, Hawaii
Specializing in: Special Needs Planning, Guardianship, Probate, Estate Planning
Damon Key Leong Kupchak Hastert - Honolulu, HI - Attorney in Honolulu

Damon Key Leong Kupchak Hastert - Honolulu, HI

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1003 Bishop Street, 1600 Pauahi Twr, Honolulu, Hawaii
Specializing in: Business Immigration, Commercial Real Estate, Condominium Law, Estate Planning
Volunteer Legal Services Hawaii - Honolulu, HI - Attorney in Honolulu

Volunteer Legal Services Hawaii - Honolulu, HI

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545 Queen St, Honolulu, Hawaii
Free Consultation
Specializing in: Family Law, Estate Planning, Bankruptcy, Veterans Legal Services, Guardianship
Tongg & Tongg - Honolulu, HI - Attorney in Honolulu
Tongg & Tongg - Honolulu, HI

Tongg & Tongg - Honolulu, HI

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169 S Kukui St, Honolulu, Hawaii
Specializing in: Family Law, Estate Planning, Probate, Personal Injury
Maximum Legal Services Corporation - Honolulu, HI - Attorney in Honolulu

Maximum Legal Services Corporation - Honolulu, HI

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707 Richards St, Honolulu, Hawaii
Specializing in: Guardianship, Conservatorship, Trust Administration, Veterans Fiduciary Services
Navy Legal Assistance Office - Honolulu, HI - Attorney in Honolulu
Navy Legal Assistance Office - Honolulu, HI

Navy Legal Assistance Office - Honolulu, HI

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850 Willamette St, Honolulu, Hawaii
Free Consultation
Specializing in: Military Law, Estate Planning, Powers of Attorney, SCRA
Estate Planning Group - Honolulu, HI - Attorney in Honolulu

Estate Planning Group - Honolulu, HI

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1585 Kapiolani Blvd, Honolulu, Hawaii
Free Consultation
Specializing in: Estate Planning, Medicaid Planning, Probate, Special Needs Trusts, Asset Protection
Doi / Luke, Attorneys at Law, LLLC - Honolulu, HI - Attorney in Honolulu

Doi / Luke, Attorneys at Law, LLLC - Honolulu, HI

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1600 Kapiolani Blvd # 1300, Honolulu, Hawaii
Specializing in: Divorce, Family Law, Bankruptcy, Estate Planning, Child Custody
Infinity Estate Law Group - Honolulu, HI - Attorney in Honolulu

Infinity Estate Law Group - Honolulu, HI

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1314 S King St, Honolulu, Hawaii
Specializing in: Kids Protection Planning, Living Trusts, Estate Litigation, Wealth Preservation
Law Offices of Curtis B. K. Yuen - Honolulu, HI - Attorney in Honolulu
Law Offices of Curtis B. K. Yuen - Honolulu, HI

Law Offices of Curtis B. K. Yuen - Honolulu, HI

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1100 Alakea St STE 1701, Honolulu, Hawaii
Specializing in: Estate Planning, Probate, Real Estate, Tax Law
Law Offices of Neil T Nakamura & Associates - Honolulu, HI - Attorney in Honolulu
Law Offices of Neil T Nakamura & Associates - Honolulu, HI

Law Offices of Neil T Nakamura & Associates - Honolulu, HI

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1585 Kapiolani Blvd, Honolulu, Hawaii
Free Consultation
Specializing in: Living Trusts, Probate Avoidance, Elder Law, Medicaid Planning
Kawata Mark S - Honolulu, HI - Attorney in Honolulu
Kawata Mark S - Honolulu, HI

Kawata Mark S - Honolulu, HI

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1221 Kapiolani Blvd, Honolulu, Hawaii
Free Consultation
Specializing in: Civil Litigation, Real Estate Law, Business Disputes, Criminal Defense, Estate Litigation
Richard M. Sakoda - Honolulu, HI - Attorney in Honolulu

Richard M. Sakoda - Honolulu, HI

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945 Makaiwa St, Honolulu, Hawaii
Specializing in: Elder Law, Medicaid Planning, Gun Trusts, Asset Protection
Hunter Jon Thomas - Honolulu, HI - Attorney in Honolulu
Hunter Jon Thomas - Honolulu, HI

Hunter Jon Thomas - Honolulu, HI

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1003 Bishop St, Honolulu, Hawaii
Specializing in: Estate Planning, Probate, Real Property, Taxation
HawaiiDeed LLC - Honolulu, HI - Attorney in Honolulu

HawaiiDeed LLC - Honolulu, HI

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1441 Kapiolani Blvd ste 1114, Honolulu, Hawaii
Free Consultation
Specializing in: Deed Preparation, Title Transfer, Land Court Petitions, Probate Deeds
Law Office of Carmen Di Amore-Siah and Associates - Honolulu, HI - Attorney in Honolulu
Law Office of Carmen Di Amore-Siah and Associates - Honolulu, HI

Law Office of Carmen Di Amore-Siah and Associates - Honolulu, HI

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820 S Beretania St, Honolulu, Hawaii
Specializing in: Deportation Defense, International Adoption, Investor Visas, Citizenship
Hawaii Convey - Honolulu, HI - Attorney in Honolulu

Hawaii Convey - Honolulu, HI

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1088 Bishop St, Honolulu, Hawaii
Specializing in: Deed Preparation, Timeshare Transfers, Trust Funding, Quitclaim Deeds
Yim & Yempuku Law - Honolulu, HI - Attorney in Honolulu

Yim & Yempuku Law - Honolulu, HI

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2054 S Beretania St, Honolulu, Hawaii
Specializing in: Holistic Estate Planning, Supplemental Needs Trusts, Charitable Tax Planning, Estate Tax Return Preparation
Estate Planning of Honolulu - Honolulu, HI - Attorney in Honolulu

Estate Planning of Honolulu - Honolulu, HI

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6700 Kalanianaʻole Hwy, Honolulu, Hawaii
Specializing in: Living Trusts, Trust Administration, Wills, Incapacity Planning
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Estate Administration & Circuit Court Probate Jurisdictions in Hawaii

Estate planning, trust administration, and decedent estate probate across the State of Hawaii are regulated by the Hawaii Uniform Probate Code (HUPC). When an individual passes away owning real estate or substantial personal property in Hawaii, the estate must be settled through the Probate Division of the Circuit Courts of the State of Hawaii. Probate jurisdiction is allocated geographically: the First Judicial Circuit on Oahu (handled at Kaahumanu Hale in Honolulu), the Second Judicial Circuit on Maui (Hoapili Hale in Wailuku), the Third Judicial Circuit on Hawaii Island (Hale Kaulike in Hilo and Keahuolu Courthouse in Kona), and the Fifth Judicial Circuit on Kauai (Puuhonua Kaulike Building in Lihue).

Because Hawaii real property values are among the highest in the country, many families utilize revocable living trusts to avoid prolonged and public circuit court probate proceedings. All contested and uncontested probate filings, petitions for personal representative appointments, and trust accounting filings are processed electronically through the Judiciary Electronic Filing and Service System (JEFS). The licensing and ethical oversight of practicing probate and estate planning attorneys falls under the Hawaii Supreme Court and the Hawaii State Bar Association (HSBA).

Retaining experienced local probate counsel is essential for navigating the complex intersection of Hawaii estate tax laws, creditor notification requirements, and land title transfers at the Bureau of Conveyances. Whether managing informal probate, executing ancillary probate for non-resident property owners, or defending against undue influence claims, knowledgeable legal counsel ensures the decedent's wishes are honored while preserving family wealth.

Hawaii Estate Planning & Probate Legal Fees

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Basic Estate Plan (Will, Advance Directive, Power of Attorney)Flat Fee ($1,200 - $2,500)$1,200 - $2,500Number of beneficiaries, statutory health care proxies, durable financial powers of attorney, asset complexity.
Revocable Living Trust Package with Real Estate TransferFlat Fee ($2,500 - $5,500)$2,500 - $5,500Number of Hawaii properties conveyed into trust, Land Court vs. Regular System deed drafting, pour-over wills.
Uncontested Informal Probate AdministrationBlended Flat / Hourly ($300 - $475/hr)$3,500 - $8,500Creditor claim volume, publication costs, liquidation of estate assets, inventory accounting without disputes.
Contested Probate & Trust Litigation (Will Contests)Hourly Retainer ($350 - $575/hr)$12,000 - $35,000+Circuit Court evidentiary hearings, capacity evaluations, breach of fiduciary duty claims, expert witness fees.

Critical Legal Deadlines & Statutes in Hawaii

Hawaii probate and estate planning matters are governed by rigid statutory deadlines under the Hawaii Uniform Probate Code. Creditors have a strict time limit to submit claims against a decedent's estate under Haw. Rev. Stat. § 560:3-803, which requires claims to be filed within four months after the first date of public notice to creditors, or within eighteen months after death if notice is not formally published.

For modest estates holding no real property, a simplified small estate affidavit procedure is available under Haw. Rev. Stat. § 560:3-1201, provided the gross value of personal estate assets does not exceed $100,000. Formal execution of valid wills must comply with Haw. Rev. Stat. § 560:2-502, mandating that the document be in writing, signed by the testator, and witnessed by at least two individuals. When an individual dies without a valid will, intestate succession rules under Haw. Rev. Stat. § 560:2-101 and Haw. Rev. Stat. § 560:2-102 dictate the legal hierarchy of asset distribution to surviving spouses and heirs. Furthermore, estates exceeding statutory exemption limits are subject to Hawaii state estate tax filing obligations under Haw. Rev. Stat. § 236E-8.

District Small Claims Limitations vs. Circuit Court Probate Authority

Hawaii District Court Small Claims Division exercises jurisdiction only over civil money claims not exceeding $5,000 pursuant to Haw. Rev. Stat. § 633-27. The Small Claims Division has zero legal authority to administer decedents' estates, appoint personal representatives, interpret testamentary trusts, or order real estate transfers.

All probate petitions, trust interpretations, and guardianship appointments fall under the exclusive original jurisdiction of the Hawaii Circuit Courts under Haw. Rev. Stat. § 560:1-302. Attempting to manage an estate through informal family agreements or pro se court filings risks personal fiduciary liability for executors, clouded real property titles in the Bureau of Conveyances, and extensive litigation over unaddressed creditor claims. Engaging an experienced probate attorney protects personal representatives from personal liability and ensures the orderly, legal distribution of estate property.

Red Flags to Avoid When Selecting a Hawaii Estate Planning Attorney

  • Law firms or online non-attorney mills providing boilerplate living trust documents that fail to properly fund or deed Hawaii real estate into the trust entity.
  • Attorneys who charge a percentage of the entire gross value of the estate for routine probate administration instead of standard hourly or transparent flat fees.
  • Failure to account for Hawaii's distinct state estate tax under Haw. Rev. Stat. § 236E-8, which applies independent of federal estate tax exemptions.
  • Lack of experience handling deed recordings across both the Land Court and Regular System at the Hawaii Bureau of Conveyances.

Frequently Asked Questions

What is the small estate threshold for probate in Hawaii?

Under Haw. Rev. Stat. § 560:3-1201, an estate may be settled via an out-of-court affidavit procedure if the total value of personal property owned by the decedent does not exceed $100,000. However, if the decedent owned titled real estate in Hawaii, formal or informal Circuit Court probate is generally required unless the property was held in a trust or joint tenancy.

Does Hawaii impose a state estate tax?

Yes, Hawaii imposes a standalone state estate tax governed by Haw. Rev. Stat. § 236E-8. Estates with a taxable gross value exceeding the state exemption threshold must file a Hawaii estate tax return (Form M-6) with the Hawaii Department of Taxation regardless of whether federal estate tax is owed.

Why are revocable living trusts widely used in Hawaii?

Living trusts are commonly used in Hawaii to bypass the time, public disclosure, and costs associated with Circuit Court probate proceedings. Real property transferred into a living trust passes directly to designated beneficiaries upon death without requiring court approval.

How long do creditors have to submit claims against an estate in Hawaii?

Pursuant to Haw. Rev. Stat. § 560:3-803, creditors must submit their claims within four months following the date of the first published notice to creditors in a local newspaper, or within eighteen months after the decedent's death if notice is not published.

What is the difference between formal and informal probate in Hawaii?

Informal probate is an administrative process before the Circuit Court registrar used when there are no disputes, valid wills exist, and all heirs consent. Formal probate involves hearings before a Circuit Court judge to resolve contested wills, ambiguous beneficiary terms, or disputes among family members.

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