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.

Will

Trust

—

POA

HC Directive

E-will

Not adopted

RON

Limited

Since 2020, not all documents

ROW

Not allowed

Remote online witnessing

Community property

Minimum age

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

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

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

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Notarization is required (not just recommended). HRS §551E-3(b) provides that a signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public. Under §§551E-15 and 551E-16, third parties may rely on an acknowledged POA and face liability (including attorney's fees) for refusing to accept one without statutory cause; an unacknowledged Hawaii POA 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.

Advance Health Care Directive

Haw. Rev. Stat. §327E-1 et seq.

Witnesses: 2 required, or notary

Hawaii accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

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

State-specific notes

•Witnesses or notary cannot be the agent or a healthcare provider

Plus

6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

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. §531B-5 (statutory form for designation of agent to control 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 42 CFR Part 2 (substance-use treatment), Haw. Rev. Stat. §325-101(a) (HIV records), §334-5 (mental-health records), and §577A-2.

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. Plus

Free

Plus

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

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, stored in your account

Annual review reminder

See Will.com Plus →

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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