Quick answer: Hawaii, like other Uniform Probate Code states, sets no fixed percentage for either the personal representative fee or the attorney fee — both are reasonable amounts. Separately, and unlike most states, Hawaii has its own estate tax above a $5.49 million exemption — almost never relevant to probate administration cost, but critical for larger estates. Get your own estimate with the Hawaii probate cost calculator.
1. Personal representative fee — bare reasonable compensation
One commonly cited example: a $1,000,000 estate might see a commission around $25,000 in practice. But because the fee isn't fixed by statute, any percentage shown in this guide is an illustrative market-rate estimate, not a legal rate.
2. Attorney fee — also reasonable, also no schedule
3. Court cost
4. The separate Hawaii estate tax, for context
This is the feature that sets Hawaii apart from most states in this series. Hawaii's own estate tax (HRS Chapter 236E) is entirely separate from probate administration cost and from the federal estate tax:
| Taxable estate above the $5,490,000 exemption | Marginal rate |
|---|---|
| $5,490,000 – $6,490,000 | 10.0% |
| $6,490,000 – $7,490,000 | 11.0% |
| $7,490,000 – $8,490,000 | 12.0% |
| $8,490,000 – $9,490,000 | 13.0% |
| $9,490,000 – $10,490,000 | 14.0% |
| $10,490,000 – $15,490,000 | 15.7% |
| Above $15,490,000 | 20.0% |
Illustrative worked totals (administration only)
At illustrative rates — personal representative ~2.5%, attorney ~4% — well under the estate tax exemption:
| Estate value | PR fee (est.) | Attorney (est.) | Filing + pub. | Approx. total |
|---|---|---|---|---|
| $100,000 | $2,500 | $4,000 | $300 | ≈ $6,800 |
| $300,000 | $7,500 | $12,000 | $300 | ≈ $19,800 |
| $500,000 | $12,500 | $20,000 | $300 | ≈ $32,800 |
Filing + pub. = $150 filing + $150 publication. Personal representative and attorney figures are illustrative only — Hawaii sets no statutory percentage for either. Run your own numbers in the calculator.
How to reduce Hawaii probate costs
- Use the personal property affidavit — up to $100,000, no real estate, no court filing (§ 560:3-1201).
- Use clerk administration for a $100,000-or-less estate that includes real property (§ 560:3-1205).
- Personal representative waives the fee if a family member and beneficiary.
- For larger estates, plan around the estate tax separately — a living trust or TOD arrangement avoids probate cost but not the estate tax itself.