Estate plan

Hawaii

Everything to plan your estate in Hawaii: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Hawaii, all for $29/year.

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Hawaii content last reviewed May 18, 2026.

Will

2W

Trust

—

POA

—

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2020, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
1

Will

Haw. Rev. Stat. §560:2-501 et seq.

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Hawaii

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Recommended

Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.

State-specific notes

•Notarization is not required for validity: HRS §551E-3(b) requires only that the power of attorney be signed by the principal (or by another in the principal's conscious presence at the principal's direction). Acknowledgment before a notary creates a statutory presumption that the signature is genuine and, under §§551E-15 and 551E-16, allows third parties to rely on the instrument and exposes them to liability (including attorney's fees) for refusing to accept an acknowledged POA without statutory cause. Acknowledgment is therefore strongly recommended in practice: an unacknowledged Hawaii POA is still valid between principal and agent but does not receive those statutory acceptance protections.
•Durability is presumed under §551E-3(a) unless the instrument expressly provides that it terminates on the principal's incapacity
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property, including your money, whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act in chapter 551E, Hawaii Revised Statutes. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
4

Advance Health Care Directive

Haw. Rev. Stat. §327E-1 et seq.

Witnesses: 2 required, or notary

Hawaii accepts either 2 witnesses or notarization. At least 1 must not be a relative, heir, or healthcare provider

Notarization: Accepted as alternative

Acknowledged before a notary public. Haw. Rev. Stat. §327E-3

State-specific notes

•§327E-3(b): unless related to the principal by blood, marriage, or adoption, the agent may not be an owner, operator, or employee of the health-care institution at which the principal is receiving care.
•§327E-3(c): a witness for a power of attorney for health care may not be (1) a health-care provider, (2) an employee of a health-care provider or facility, or (3) the agent.
•§327E-3(d): at least one of the two witnesses must be a person who is neither (1) related to the principal by blood, marriage, or adoption, nor (2) entitled to any portion of the principal's estate by will or by operation of law existing at execution.
ViewWitness disqualification recital
Haw. Rev. Stat. §327E-3(c) bars three witness classes: a health-care provider, an employee of a health-care provider or facility, and the agent. §327E-3(d) further requires that at least one witness be both unrelated to the principal by blood, marriage, or adoption and not entitled to any share of the principal's estate by will or by operation of law existing at execution.
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Designation of Agent to Control Disposition of Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Hawaii recognizes a statutory Designation of Agent to Control Disposition of Remains; we follow that form. (Haw. Rev. Stat. ch. 531B (§531B-4 establishes the priority list of persons authorized to control the disposition of a decedent's remains in Hawaii and recognizes a written designation by the decedent ahead of the next-of-kin priority chain). The earlier reference to HRS chapter 553C in older versions of this packet was an incorrect citation: HRS ch. 553C is the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and does not govern disposition of remains.)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Haw. Rev. Stat. §325-101(a)(2) (HIV records release with written consent), §334-5 (mental-health records), and §577-29 (minor self-consented mental-health and substance-use records). The 42 CFR Part 2 carve-out in Section III controls; this addendum does not purport to authorize Part 2 records.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Hawaii has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Hawaii has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Hawaii authorized RON in 2020.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Hawaii does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Hawaii for guidance specific to your situation.

Also for Hawaii

Make a Hawaii will

Free last will and testament, valid in Hawaii.

Hawaii healthcare directive

Name your medical decision-maker and treatment wishes.

Hawaii power of attorney

Name someone to handle finances if you can't.

Hawaii living trust

Skip probate and keep your estate private.

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