Hawaii Probate Real Estate Sale Calculator

Selling a Hawaii probate house

Enter the sale price to see the typical cost picture.

Is this informal probate, with no will restriction on sale?

Sale price

Include a 6% realtor commission?

Estimated cost of this Hawaii probate sale

Do I need court approval? →

Facing probate in Hawaii?

A local probate attorney can review your estate — many offer a free consultation.

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A power the PR already has, unless the will says otherwise

What makes Hawaii different: HRS §560:3-711 lets a personal representative "acting reasonably for the benefit of the interested persons" sell, mortgage, or lease any real or personal property of the estate, except as restricted or otherwise provided by the will or by an order in a formal proceeding — the will can require court confirmation, and a judge in a contested estate can order one.

A state estate tax most states don't have

Hawaii is one of the few states with its own state estate tax (HRS Chapter 236E), with a 2026 exemption of roughly $5.49 million and rates from 10% to 20% on the excess — a real planning consideration for larger estates, on top of the federal estate tax.

No statutory fee percentage

Both the personal representative and the attorney are entitled only to reasonable compensation under HRS §560:3-719, with no fixed percentage schedule — attorney fees typically run $3,000 to $6,000 for informal probate and $6,000 to $15,000 or more for formal, contested, or estate-tax-involved cases.

One flat filing fee, informal or formal

The court filing fee is a flat $100 for both informal and formal proceedings, with publication costs typically adding $150 to $400. See Capital Gains Tax on the Sale for Hawaii's separate, often favorable rate on the gain itself.

Hawaii probate real estate sale — frequently asked questions

Does a Hawaii personal representative need court approval to sell the house?

Generally not in informal probate, unless the will requires court confirmation or a judge orders one in a contested estate; in formal or supervised probate, the court must approve the sale.

How much does a Hawaii personal representative get paid for selling the house?

Hawaii sets no statutory percentage — both the personal representative and the attorney are entitled only to reasonable compensation under HRS §560:3-719.

Does Hawaii have a state estate tax on top of the federal one?

Yes — Hawaii is one of the few states with its own state estate tax, with a 2026 exemption of roughly $5.49 million and rates from 10% to 20% on the excess.

What is Hawaii's filing fee to open a probate case?

A flat $100, the same figure for both informal and formal proceedings.

What is Hawaii's state tax rate on the sale's gain?

A flat 7.25% for long-term gains, separate from and often lower than Hawaii's 12-bracket ordinary income schedule, which tops out at 11%.

Four circuits, same code (there's no Fourth)

Hawaii's probate cases are handled by the Circuit Court in one of the state's judicial circuits — First (Oahu/Honolulu), Second (Maui, Molokai, Lanai), Third (Hawaii Island), and Fifth (Kauai); there is no Fourth Circuit. HRS Chapter 560 applies identically across all of them.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on HRS §560:3-711, 560:3-719, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the Circuit Court or a licensed Hawaii attorney before acting.