Quick answer: Hawaii does not set probate attorney fees by a statutory percentage. Fees are a reasonable amount for the work performed, typically billed hourly and reviewed by the Circuit Court on petition. Reported figures often land in a rough 3%–7% range of estate value, but this is a market pattern, not a legal rate. Estimate the whole picture in the Hawaii probate cost calculator.
No fixed schedule, court-reviewed
No statutory percentage: whatever the billing method, the Circuit Court reviews the fee for reasonableness on petition. HRS § 560:3-720 separately covers attorney's fees when a personal representative defends or prosecutes a will contest in good faith, regardless of whether counsel is on a contingency basis.
How Hawaii probate lawyers bill
- Hourly — the most common method for estate administration.
- Flat fee — for a routine, uncontested estate.
- Percentage of estate value — by agreement in some cases; reported figures often fall in a rough 3%–7% range, but this is a market pattern, not a legal rate.
Facing probate in Hawaii?
Talk to a Hawaii attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill hourly, flat, or as a percentage — and what's your estimate for an estate like mine?
- Can this estate use the $100,000 personal property affidavit and skip full probate?
- Does the estate approach the $5.49 million Hawaii estate tax exemption, and if so, can you help coordinate the Form M-6 filing?
- What does the Circuit Court typically approve for a similar estate?
Ways to reduce legal fees
- Personal property affidavit — up to $100,000, no real estate, usually no attorney needed.
- Clerk administration — for smaller estates with real property, less attorney time than a full proceeding.
- Stay organized — a clean inventory cuts billable hours.