Hawaii

At a Glance

Hawaii requires death certificates to be filed within 3 days.

In Hawaii, the person in charge of the disposition of the body must file the death certificate with the Department of Health within three days of the death and before final disposition. Hawaii uses an electronic death registration system.

Who can order copies.

Certified copies of death certificates are restricted to individuals with a direct and tangible interest, including the registrant's spouse, parents, descendants, legal guardians, or personal representatives of the estate. The Hawaii Department of Health, Vital Records Section, handles requests.

• –Hawaii Department of Health, Vital Records Section: https://health.hawaii.gov/vitalrecords/death-certificates/
• –Cost: approximately $10.00 per certified copy for the first copy, $4.00 for each additional copy ordered at the same time.
• –Requests can be made online, by mail, or in person. Photo identification and proof of eligibility are required.

How do I get a death certificate in Hawaii?

Order certified copies from Hawaii's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Hawaii?

$10.00 per certified copy in Hawaii, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Probate is generally required in Hawaii if a deceased person leaves assets solely in their name that exceed certain thresholds. A simplified probate procedure (summary probate) or collection by affidavit is available for estates with a gross value of $100,000 or less, provided the estate does not contain real property interests. If the estate includes real property or personal property exceeding $100,000, formal probate is typically necessary.

If you die without a will.

If a person dies in Hawaii without a valid will (intestate), their assets are distributed according to Hawaii's laws of intestate succession. The distribution depends on the surviving family members.

• –If you have a spouse but no descendants or parents, your spouse inherits your entire estate.
• –If you have a spouse and descendants (all of whom are also descendants of your spouse), your spouse inherits your entire estate.
• –If you have a spouse and descendants (some of whom are not descendants of your spouse), your spouse inherits $200,000 plus one-half of the remaining balance, and your descendants inherit the rest.
• –If you have no spouse but have descendants, your descendants inherit your entire estate.
• –If you have no spouse or descendants but have parents, your parents inherit your entire estate.
• –If you have no spouse, descendants, or parents, your siblings inherit your entire estate. If no relatives, the estate escheats to the state.

Avoiding probate.

To avoid probate in Hawaii, common strategies include establishing a revocable living trust, utilizing beneficiary designations on accounts (e.g., Payable-on-Death or Transfer-on-Death), and holding property in joint tenancy with rights of survivorship.

How long does probate take in Hawaii?

A straightforward Hawaii probate typically runs 6 months to a year or more, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Hawaii?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Hawaii?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Hawaii allow transfer-on-death deeds?

Yes. Hawaii authorizes the transfer on death deed under Haw. Rev. Stat. ch. 527 (§§ 527-1 to 527-17), Uniform Real Property Transfer on Death Act. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. The deed must be recorded with the Bureau of Conveyances (or Land Court for registered land) before the owner's death to work.

Source: Haw. Rev. Stat. ch. 527 (§§ 527-1 to 527-17), Uniform Real Property Transfer on Death Act ↗

Die without a will in Hawaii and this law picks your heirs.

If you die intestate (without a valid will) in Hawaii, Haw. Rev. Stat. §§ 560:2-101–560:2-114 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the spouse takes the entire estate.
• –Spouse + parents (no descendants): the spouse takes the first $400,000 plus three-fourths of the balance; parents take the rest.
• –Spouse + joint descendants: the spouse takes everything, if the spouse has no descendants from another relationship.
• –Spouse + blended family: the spouse takes the first $220,000 plus one-half of the balance (first $330,000 plus one-half if only the spouse has outside descendants).
• –Source: Haw. Rev. Stat. §§ 560:2-101–560:2-114

Children's shares.

With no spouse, the decedent's descendants take everything by representation (equal shares within each generation).

No spouse, no children: the line of succession.

After descendants come parents, then descendants of parents (siblings and their lines), then grandparents, then descendants of grandparents, then descendants of a deceased spouse or reciprocal beneficiary: and with no taker at all, the estate passes to the State (HRS § 560:2-105).

At a Glance

What Hawaii requires.

In Hawaii, an Advance Health Care Directive (AHCD) allows you to make decisions about your future medical treatment and appoint an agent to make healthcare decisions on your behalf. The document must be signed by the declarant in the presence of two witnesses or a notary public. Witnesses cannot be the agent, the declarant's healthcare provider, or an employee of the healthcare provider.

Healthcare power of attorney.

In Hawaii, the healthcare power of attorney is typically incorporated into the Advance Health Care Directive. This allows you to designate an agent to make medical decisions for you if you become incapacitated. The agent's authority begins when your physician determines you lack the capacity to make your own healthcare decisions.

POLST / MOLST forms.

Hawaii recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. A POLST form is a medical order signed by a physician and the patient (or their surrogate) that specifies the type of medical treatment a patient wishes to receive or avoid. It is designed for individuals with serious illnesses or frailty and complements an Advance Directive by providing actionable medical orders that follow the patient across healthcare settings.

Where do I get Hawaii's advance directive form?

The controlling law is Hawaii Revised Statutes § 327E-3, linked as this section's source. Most people use the free statutory form: Hawaii's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Hawaii require a notary or witnesses for an advance directive?

Hawaii requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Hawaii.

Hawaii law generally requires a body to be embalmed, cremated, or buried within 30 hours after death, with some exceptions. While there is no statutory minimum waiting period before cremation, a medical examiner or coroner must authorize the cremation before it can proceed. A burial-transit permit is also required.

Green burial and alternatives.

Hawaii allows for green burial, which focuses on minimizing environmental impact. This typically involves direct earth burial without embalming, vaults, or non-biodegradable caskets. Human composting (natural organic reduction) and alkaline hydrolysis (water cremation) are not explicitly addressed in Hawaii statutes, but traditional green burial is permitted.

• –Green burial: Permitted in designated cemeteries, focusing on natural decomposition.
• –Home burial: Permitted, but subject to local zoning laws and health regulations; a burial-transit permit is required.
• –Human composting/Alkaline hydrolysis: Not explicitly legalized or regulated in Hawaii as of current statutes.

Funeral home regulations.

Funeral homes in Hawaii are regulated by the Department of Health. They must be licensed and adhere to various operational and ethical standards. The Federal Trade Commission (FTC) Funeral Rule applies, requiring funeral homes to provide itemized price lists and other disclosures to consumers.

At a Glance

Hawaii has an estate tax with a $5.49 million exemption.

Hawaii levies its own estate tax. The exemption is $5.49 million for deaths in 2025 and 2026: Hawaii fixed it at $5,490,000 for deaths on or after January 1, 2018, and it does not adjust for inflation. Estates valued above this amount are subject to a progressive tax rate ranging from 10% to 20% on the portion exceeding the exemption. The tax applies to the net taxable estate.

Hawaii does not have an inheritance tax.

Hawaii does not impose an inheritance tax. This means that beneficiaries who inherit property from a deceased person's estate in Hawaii do not have to pay a state tax on the value of their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Hawaii have an estate tax?

Yes. Hawaii levies its own estate tax, with a state exemption of $5.49 million and rates of 10% to 20%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Hawaii have an inheritance tax?

No. Hawaii does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Hawaii.

In Hawaii, you can register to be an organ, eye, and tissue donor through the Hawaii Donor Registry. This can typically be done when applying for or renewing your driver's license or state ID, or by registering online directly with the registry.

• –Hawaii Donor Registry: https://www.donoregistry.org/Register/hi
• –Register at the Department of Motor Vehicles (DMV) when obtaining or renewing your driver's license or state ID.
• –You can also indicate your donor wishes in your Advance Health Care Directive.

Your family cannot override your decision.

In Hawaii, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.