Home › Hawaii › How-To Guide
Hawaii · How-To Guide

Hawaii Statewide Probate Guide

Settling an estate after losing someone is difficult, and Hawaii’s island-based court system has a few things worth understanding up front. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Circuit Court address and local filing details, see that county’s page.

Where Probate Happens

Hawaii probate is handled by the Circuit Court’s Estate & Probate Branch – Hawaii doesn’t have a separate “probate court” the way many states do. Hawaii adopted the Uniform Probate Code (HRS Chapters 560-565), which allows the court to be involved as much or as little as a given estate needs.

Hawaii’s four judicial circuits align with its four counties:

  • First Circuit – Honolulu (Oahu)
  • Second Circuit – Maui, Molokai, Lanai (Maui County)
  • Third Circuit – Hawaii Island (Hawaii County)
  • Fifth Circuit – Kauai, Niihau (Kauai County)

(There’s no Fourth Circuit – it was merged into the Third Circuit in 1943.)

Step 1: Does The Estate Qualify For A Simplified Process?

Small Estate Affidavit (HRS § 560:3-1201)

  • Available when the gross estate is $100,000 or less, excluding vehicles.
  • At least 30 days must have passed since the death.
  • No court filing is required – the affidavit is presented directly to the institution holding the property.

Summary Administration

  • Available at the same $100,000 threshold as the Small Estate Affidavit.
  • More streamlined than full probate, but still involves the court.

STEP 2: INFORMAL VS. FORMAL PROBATE (for larger estates)

  • Informal Probate – handled by the court registrar, no hearing required. Typically resolves in about 5-7 business days for the initial appointment.
  • Formal Probate – requires a judge and a hearing; used for contested or more complex matters.
  • Filing fees for both tracks are commonly around $100 in Honolulu; other circuits (such as Maui) may charge more, roughly $150-200 – confirm current fees with the relevant circuit.

Compensation

There’s no fixed statutory percentage for personal representative compensation in Hawaii – the standard is “reasonable compensation” under HRS § 560:3-719, determined based on the work involved.

Creditor Claims

The standard creditor claim period runs 4 months from the date notice is first published (HRS § 560:3-801).

Timeline

Small estate affidavits and summary administration can move relatively quickly once the 30-day waiting period passes. Informal probate can begin within about a week; formal probate takes longer due to the hearing requirement and the 4-month creditor period.

Taxes

Hawaii is one of the relatively few states with its own state estate tax – a notable exception among states, since most have no state-level estate tax. Estates over roughly $5.49 million are taxed at rates from 10% to 20%. Confirm the current exemption threshold when preparing an estate, since it can be adjusted. The federal estate tax could separately apply to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit Court address, phone number, and local filing details – including county-specific genealogy resources – visit that county’s page.