Hawaii Probate Cost Calculator & Estate Tax

Q: What is the small estate affidavit limit in Hawaii?

The personal property affidavit (560:3-1201) covers up to $100,000 of personal property, 30 days after death, but cannot move real estate. If the estate includes real property and totals $100,000 or less, clerk administration (560:3-1205) is the streamlined court option instead.

Q: How long does probate take in Hawaii?

Informal probate typically takes 6 to 12 months, driven by the 4-month creditor claim period from first publication.

How probate costs work in Hawaii

Hawaii has adopted the Uniform Probate Code, so most estates use registrar-handled informal probate through the Circuit Court — First Circuit (O'ahu), Second (Maui), Third (Hawai'i Island), or Fifth (Kaua'i). Both the personal representative fee and the attorney fee are reasonable, unscheduled amounts. Separately, and unlike most states in this series, Hawaii levies its own state estate tax on large estates — this calculator estimates probate administration costs and does not compute that separate tax.

1. Personal representative fee — reasonable, no fixed percentage

HRS § 560:3-719: "A personal representative is entitled to reasonable compensation for the personal representative's services." No schedule. The representative may renounce the fee, in full or in part, by written filing with the court.

Reported Hawaii personal representative fees vary by estate size and complexity; one commonly cited example puts a $1,000,000 estate's commission around $25,000 in practice — a market pattern, not a legal rate. Any figure shown here is an illustrative estimate. Family representatives frequently waive the fee.

2. Attorney fee — also reasonable, also no schedule

No fixed schedule: Hawaii attorney fees for probate are a reasonable amount for the work performed, typically billed hourly and reviewed by the court on petition. Reported figures often land in a rough 3%–7% range of estate value, but that's a market pattern, not a statutory rate. § 560:3-720 separately covers attorney's fees for a good-faith will contest.

3. Court & other costs

Filing fee — varies by circuit and estate value.
Publication to creditors — notice; the claim period commonly runs 4 months from first publication, or 60 days from direct notice to a known creditor.
Bond — not required for informal appointment unless requested by an interested person or required by the will.
Appraisal, certified copies — small additional costs.

4. Hawaii's own estate tax — unusual among states

HRS Chapter 236E: Hawaii is one of roughly a dozen states with a separate state estate tax, on top of (and independent from) the federal estate tax. The 2026 exemption is $5,490,000 per person — a fixed statutory figure, not tied to the (much higher) federal exemption. Rates are graduated from 10% to 20% on the taxable amount above the exemption, the highest top rate of any state alongside Washington. Hawaii uniquely allows portability: a surviving spouse can use a deceased spouse's unused exemption, sheltering up to $10.98 million combined — only Hawaii and Maryland allow this. This calculator does not compute the estate tax; a Hawaii estate above the exemption should get a separate Form M-6 estimate from an attorney or CPA.

5. When probate can be simplified in Hawaii

Personal property affidavit (HRS § 560:3-1201) — personal property of $100,000 or less, 30 days after death. Cannot transfer real estate.
Clerk administration (§ 560:3-1205) — a streamlined court process for estates of $100,000 or less that do include real property.
Summary administration (§ 560:3-1203) — for estates whose debts approach or exceed their value, no dollar cap.
Living trust, joint tenancy, TOD deed or registration — bypass probate entirely (though the estate tax can still apply to the taxable estate).

Cost component	Hawaii figure	Source
Personal representative fee	Reasonable; no set % (often waived)	§ 560:3-719
Attorney fee	Reasonable; ~3%–7% reported	§ 560:3-720
Small estate (personal property)	$100,000	§ 560:3-1201
State inheritance tax	None	HI Dept. of Taxation
State estate tax	10%–20% above $5,490,000	HRS Ch. 236E

Hawaii probate cost — frequently asked questions

How much does probate cost in Honolulu (First Circuit)?

The reasonable-fee standard is statewide; only the Circuit Court differs. In the First Circuit (O'ahu) or elsewhere, a $300,000 estate might see a personal representative fee and an attorney fee each in a rough market range (family representatives often waive theirs), plus a filing fee and publication costs. Hawaii's separate estate tax only becomes relevant well above $5.49 million.

Is the $5.49 million estate tax the same as probate cost?

No. Probate cost — the personal representative fee, attorney fee, and court costs — applies to essentially every probated estate, large or small. Hawaii's separate state estate tax (HRS Chapter 236E) only applies to the relatively small share of estates above the $5.49 million exemption, and it's paid by the estate, filed on Form M-6, independent of the probate administration costs this calculator estimates.

Why is Hawaii's estate tax exemption lower than the federal one?

Hawaii's $5.49 million exemption is a fixed figure set by the state legislature (HRS § 236E-6) and is not indexed to the federal exemption, which has risen well above it. That gap means a Hawaii estate between $5.49 million and the federal threshold can owe Hawaii estate tax while owing nothing to the IRS — a meaningful planning consideration given Hawaii real estate values.

What is the small estate affidavit limit in Hawaii?

The personal property affidavit (§ 560:3-1201) covers up to $100,000 of personal property, 30 days after death, but cannot move real estate. If the estate includes real property and totals $100,000 or less, clerk administration (§ 560:3-1205) is the streamlined court option instead.

How long does probate take in Hawaii?

Informal probate typically takes 6–12 months, driven by the 4-month creditor claim period from first publication.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Hawaii sets no statutory percentage for the personal representative fee (HRS § 560:3-719) or the attorney fee — both are reasonable amounts. Figures shown here are illustrative estimates, not statutory rates. This tool does not compute Hawaii's separate state estate tax (HRS Chapter 236E, 10%–20% above a $5,490,000 exemption); estates near or above that threshold should get a dedicated estimate. The personal property affidavit limit is $100,000 (§ 560:3-1201). Confirm current figures with the Circuit Court or a licensed Hawaii attorney before acting.