Hawaii Real Estate Sale: Costs & Commission Explained

A cheap filing fee for most estates — but Hawaii's own state estate tax is a real cost for the largest ones.

HRS §560:3-719, Chapter 236E

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a reasonable personal representative fee with no fixed percentage, on top of a flat $100 filing fee. See how this plays out for your own numbers in the Hawaii probate real estate sale calculator.

Reasonable compensation for both roles

A wide range, depending on complexity

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 — a meaningful jump once a case leaves the simplest track.

One flat filing fee, regardless of track

The court filing fee is a flat $100 for both informal and formal proceedings, with publication costs typically adding $150 to $400 — a modest, predictable starting cost either way.

The state estate tax is the real cost driver for larger estates

Estates exceeding roughly $5.49 million (2026) face Hawaii's own state estate tax at rates of 10% to 20% on the excess, on top of any federal estate tax owed — a genuinely significant additional cost that most other states never impose.

Facing probate in Hawaii?

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

Talk to a Hawaii attorney

The §560:3-719 reasonableness standard and the $100 filing fee apply the same way across all of Hawaii's judicial circuits.

Sale costs and commission — frequently asked questions

Is there a fixed percentage for a Hawaii personal representative's fee?

No — HRS §560:3-719 requires only reasonable compensation, with no statutory percentage schedule, for both the personal representative and the attorney.

What do attorney fees typically run in practice?

Roughly $3,000 to $6,000 for informal probate, and $6,000 to $15,000 or more for formal, contested, or estate-tax-involved cases.

How much does it cost to open a Hawaii probate case?

A flat $100 filing fee, the same for both informal and formal proceedings, with publication costs typically adding $150 to $400.

Does Hawaii's state estate tax add to the cost of larger estates?

Yes — estates exceeding roughly $5.49 million (2026) face Hawaii's own state estate tax at rates of 10% to 20% on the excess, on top of any federal estate tax owed.

This page provides general guidance only and is not legal, tax, or financial advice. Based on HRS §560:3-719, Chapter 236E. Confirm current figures with a licensed Hawaii attorney or real estate professional before acting.