Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
Fees
In Hawaii, probate compensation is reasonable compensation under the statute linked below.
HRS section 560:3-719 says a personal representative is entitled to reasonable compensation for the personal representative's services. If a will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. Section 560:3-721 says the court may review the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.
Source: HRS section 560:3-719, Compensation of personal representative
Small estate
Hawaii's small-estate figure on this page is $100,000 when the statute's conditions are met.
HRS section 560:3-1201 says a holder of a decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property shall pay or deliver it upon presentation of a death certificate and an affidavit stating that the gross value of the decedent's estate in this State does not exceed $100,000, except that any motor vehicles registered in the decedent's name may be transferred regardless of value. The affidavit must also state that no application or petition for the appointment of a personal representative is pending or has been granted in this State, and that the claimed successor is entitled to the property, explaining the relationship to the decedent. The opened section does not state a waiting period.
Source: HRS section 560:3-1201, Collection of personal property by affidavit
Estate or inheritance tax
Hawaii levies an estate tax.
HRS section 236E-8 imposes a tax, for decedents dying after January 25, 2012, on the Hawaii net taxable estate: 10.0% if $1,000,000 or less; $100,000 plus 11.0% of the amount over $1,000,000 if over $1,000,000 but not over $2,000,000; $210,000 plus 12% of the amount over $2,000,000 if not over $3,000,000; $330,000 plus 13% of the amount over $3,000,000 if not over $4,000,000; $460,000 plus 14% of the amount over $4,000,000 if not over $5,000,000; $600,000 plus 15.7% of the amount over $5,000,000 if not over $10,000,000; and $1,385,000 plus 20% of the amount over $10,000,000. HRS section 236E-6 allows an exclusion equal to the federal applicable exclusion amount, the exemption equivalent of the unified credit reduced by taxable gifts, or the exemption equivalent of the unified credit on the decedent's federal estate tax return, as set forth in chapter 11 of the Internal Revenue Code as amended as of December 21, 2017, as if the decedent died on December 31, 2017. For residents the exclusion is 100 percent of that amount. The opened statute does not print a dollar exclusion.
Source: HRS section 236E-8, Tax imposed; credit for tax paid other state
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Hawaii?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Hawaii?
HRS section 560:3-1201 says a holder of a decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property shall pay or deliver it upon presentation of a death certificate and an affidavit stating that the gross value of the decedent's estate in this State does not exceed $100,000, except that any motor vehicles registered in the decedent's name may be transferred regardless of value. The affidavit must also state that no application or petition for the appointment of a personal representative is pending or has been granted in this State, and that the claimed successor is entitled to the property, explaining the relationship to the decedent. The opened section does not state a waiting period.
How are probate fees set in Hawaii?
HRS section 560:3-719 says a personal representative is entitled to reasonable compensation for the personal representative's services. If a will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. Section 560:3-721 says the court may review the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.
Does Hawaii tax an estate or an inheritance?
HRS section 236E-8 imposes a tax, for decedents dying after January 25, 2012, on the Hawaii net taxable estate: 10.0% if $1,000,000 or less; $100,000 plus 11.0% of the amount over $1,000,000 if over $1,000,000 but not over $2,000,000; $210,000 plus 12% of the amount over $2,000,000 if not over $3,000,000; $330,000 plus 13% of the amount over $3,000,000 if not over $4,000,000; $460,000 plus 14% of the amount over $4,000,000 if not over $5,000,000; $600,000 plus 15.7% of the amount over $5,000,000 if not over $10,000,000; and $1,385,000 plus 20% of the amount over $10,000,000. HRS section 236E-6 allows an exclusion equal to the federal applicable exclusion amount, the exemption equivalent of the unified credit reduced by taxable gifts, or the exemption equivalent of the unified credit on the decedent's federal estate tax return, as set forth in chapter 11 of the Internal Revenue Code as amended as of December 21, 2017, as if the decedent died on December 31, 2017. For residents the exclusion is 100 percent of that amount. The opened statute does not print a dollar exclusion.
Sources
These are the statute and court pages used above.