Hawaii
Death Laws & End-of-Life Guide

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.

Who can order a death certificate in Hawaii?

Only someone with a direct and tangible interest: the spouse, a parent, a descendant such as a child or grandchild, a relative with a common ancestor such as a sibling, grandparent, aunt, uncle or cousin, a legal guardian, someone acting for the person, the personal representative of the estate, someone with a court order, or someone who needs the record for a joint property, alimony or credit insurance determination, with photo ID and proof. Certified copies come from Hawaii's Office of Health Status Monitoring, Issuance and Vital Statistics Section, Hawaii Department of Health, in Honolulu; district health offices on the neighbor islands can assist, online through the state's vital records portal, by mail with the request form, or in person in Honolulu.

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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Hawaii?

$10 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 doesn't 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 aren't 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, using beneficiary designations on accounts (e.g., Payable-on-Death or Transfer-on-Death), and holding property in joint tenancy with rights of survivorship.

Handwritten wills.

Hawaii accepts a handwritten will with no witnesses if the signature and the material portions (the parts that say who gets what and who's in charge) are in the person's own handwriting (Haw. Rev. Stat. § 560:2-502(b)). Printed words on the page can be used as evidence of what the person meant. A court can also accept a document that misses a formality on clear and convincing evidence that the person meant it as their will (§ 560:2-503). A will valid where it was signed, or where the person lived when they signed it or died, is valid here (§ 560:2-506).

Source: Haw. Rev. Stat. § 560:2-502 (Hawaii State Legislature) ↗Source: Haw. Rev. Stat. § 560:2-503 ↗

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’re 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 ↗

Time off work after a death in Hawaii

Hawaii doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. No one for bereavement. The Hawaii Family Leave Act (4 weeks per year, employers with 100+ employees) covers only birth, adoption, and care of a seriously ill family member.

How much. 0 required

Paid or unpaid. n/a (no mandate)

Two traps for a guide writer here. HRS ch. 398A does mandate leave (7 days a year for bone marrow or stem cell donation, 30 for organ donation) but it is donor leave, nothing to do with a death. And Hawaii TDI is the employee's own disability, not grief. No bereavement or pregnancy-loss bereavement mandate anywhere in ch. 398.

Source: None. Checked HRS § 398-3 (Hawaii Family Leave Act) and HRS ch. 398A (donor leave) on the legislature's statute site. ↗

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 to 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 doesn't 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 to 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 can't 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's 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?

Start with Hawaii Revised Statutes § 327E-3, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Hawaii accepts either 2 adult witnesses or a notary, as shown in the requirements above; you don't need both. 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's 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. Since June 24, 2026, a cemetery, crematory, funeral establishment, hydrolysis facility or mortuary has to dispose of the remains within 60 days of the later of two dates: when the burial-transit permit was issued, or when an affidavit amending the permit was filed.

Source: Hawaii House Bill 1481 (Act 140, 2026), measure status page ↗

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. Alkaline hydrolysis (water cremation) is a legal form of cremation in Hawaii: the statute counts it as cremation and treats a commercial hydrolysis facility like a funeral establishment or mortuary. Human composting (natural organic reduction) isn't addressed in Hawaii statutes.

• -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.
• -Alkaline hydrolysis (water cremation): Legal under Haw. Rev. Stat. §§ 531B-2 and 327N-1 to 327N-4, added by Act 294 (2022).
• -Human composting: Not addressed in Hawaii statutes.

Source: Haw. Rev. Stat. § 531B-2 (definitions of cremation and water cremation) ↗Source: Haw. Rev. Stat. § 327N-2 (hydrolysis facilities) ↗

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.

Who decides what happens to the body in Hawaii

Hawaii sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. person designated by the decedent in a testamentary disposition or a notarized written instrument under HRS § 531B-5 (a DD Form 93 in effect at death overrides either instrument)
2. surviving spouse, surviving civil union partner (HRS § 572B-1), or surviving reciprocal beneficiary (HRS § 572C-3)
3. sole surviving child, or a majority of surviving children
4. surviving parent or parents
5. surviving sibling, or a majority of surviving siblings
6. surviving grandparent, or a majority of surviving grandparents
7. surviving grandchild, or a majority of surviving grandchildren
8. guardian of the decedent at death, if one had been appointed
9. personal representative of the estate
10. next degree of kinship under Hawaii's laws of succession (any one person of that degree may act)
11. the responsible public officer, administrator or employee, where disposition is the State's or a political subdivision's responsibility
12. any other willing person, after attesting in writing to a good-faith effort to notify tiers 1-10 with no response within five days

Naming someone in advance. HRS § 531B-5 supplies a statutory written instrument, executed before a notary public, designating a person as "the sole person who will have the right to determine and decide the disposition of my remains upon my death and the arrangements for funeral goods and services," with optional attached specific directions the designee must substantially comply with. HRS § 531B-3 separately lets a person give binding written directions in a testamentary disposition, in a pre-need contract under chapter 441, or in any notarized written document, and those directions take precedence over the wishes or direction of any other person. For a covered service member, a DD Form 93 in effect at death controls over either instrument under § 531B-4(b).

When the same tier disagrees. HRS § 531B-7: any dispute among the persons listed in § 531B-4 about the right of disposition or priority is resolved by the probate court for the county where the decedent resided, and the court may award the right to whoever it determines is most fit and appropriate. When two or more people in the same priority class cannot agree by majority vote, or someone claims priority over another, any of them or the funeral establishment, cemetery, mortuary or crematory with custody may petition. The court may weigh the reasonableness and practicality of the proposed arrangements, the degree of personal relationship with the decedent, the desires of whoever is ready and able to pay, the convenience and needs of other family and friends, the decedent's desires, and how far the arrangements allow participation. Pending a court order or signed written agreement, the funeral establishment may refuse to accept or dispose of the remains without liability, and may embalm or refrigerate and shelter the body and add that cost, plus legal fees and court costs, to the cost of final disposition.

Hawaii is one of the few states whose second tier expressly covers a civil union partner and a reciprocal beneficiary alongside a spouse, so unmarried registered partners are not pushed down to "any other willing person." Forfeiture under § 531B-6 hits four cases: being charged with murder or manslaughter in connection with the death (returned on dismissal or acquittal unless final disposition is already done), failing to exercise the right within five days of notification of the death or seven days of the death, whichever is earlier, being a spouse, civil union partner or reciprocal beneficiary with annulment, divorce, separation or termination proceedings already initiated, and a probate court finding of estrangement, defined in § 531B-2 as a physical and emotional separation at death lasting long enough to clearly demonstrate an absence of due affection, trust and regard. Drafting quirk: paragraph (12) refers back only to paragraphs (1) through (10), skipping (11). The text comes from the Hawaii Legislature's current HRS document at data.capitol.hawaii.gov and matches the legislature's compiled chapter PDF at data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0531B.pdf. Both show the section unamended since [L 2013, c 17].

Source: Haw. Rev. Stat. § 531B-4 (right to control disposition; priority) [L 2013, c 17, pt of § 2] ↗

If you can't afford the funeral in Hawaii

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Two separate things, both run by the state rather than the counties. A lump sum death benefit for people who were on medical or financial assistance, and state-paid cremation for unclaimed bodies. Both are in H.R.S. 346-15. Hawaii Department of Human Services.

What it pays. The unclaimed body payment has a hard cap: 'Payments for these services shall be made to the extent of the cost, or in the sum of $1,600 in total, whichever is less, for each unclaimed dead human body.' The death benefit in 346-15(a) carries no dollar figure in the statute. It's defined as an amount equal to the Social Security Administration's one-time lump-sum death benefit for the year the person died. Ask DHS what that year's figure is, and don't take a number from anywhere else.

What disqualifies you. H.R.S. 346-15(a), the death benefit: the person was a medical assistance or financial assistance recipient at the time of death, and is ineligible for the Social Security Administration's one-time lump-sum death benefit. The statute says the department 'may' issue it, so it isn't automatic. Whoever applies on the person's behalf has 60 days from the date of death to submit the application to the department. H.R.S. 346-15(b), the unclaimed body provision: it applies only to 'the remains of any deceased person for whom no one has assumed responsibility for disposition and no legally responsible individual has been identified.' All unclaimed bodies get cremated. Whoever has possession, charge, or control of the body has 60 days from the death to send DHS its written determination that the body is unclaimed and its application for payment. County medical examiners and coroners have no time limit on that filing. DHS reviews the written description of the efforts made before approving the determination.

The official page ↗

2. If the death was caused by a crime. No separate funeral figure is published. H.R.S. 351-33 makes 'expenses actually and reasonably incurred during the period of the injury or death of the victim' compensable, and the Commission's own application packet lists 'Funeral and burial expenses that are not covered by other sources.' The cap that governs is H.R.S. 351-62(b): 'No compensation shall be awarded under this chapter in an amount in excess of $10,000; provided that, if a case involves compensable medical expenses in excess of $10,000, no compensation shall be awarded in excess of $20,000 or the actual amount of compensable medical expenses, whichever is lower.' A 1969 Attorney General opinion cited on the statute page reads that $10,000 as the maximum for a particular victim, with compensation to dependents of a deceased victim not exceeding that sum in aggregate. The Commission is a payor of last resort and reduces awards by workers' compensation, motor vehicle insurance, temporary disability insurance, civil suit recoveries, and restitution. File within 18 months of the death; late applications only on a showing of good cause. There's also a separate acknowledgement award, maximum $400, for victims only, subject to change with funding.

Hawaii crime victim compensation ↗

3. Money the person was already owed. Search Hawaii's unclaimed property before you borrow anything. Searching and claiming are free.

Hawaii unclaimed property ↗

Hawaii is unusual: the state does this, not the county. Call the Department of Human Services. If the person who died was on medical assistance or financial assistance, ask DHS about the death benefit in H.R.S. 346-15(a). One condition is easy to miss: it's for people who don't qualify for the Social Security one-time lump-sum death benefit. The amount is set equal to whatever the Social Security lump sum was for the year the person died, so ask DHS for the current figure rather than trusting a number you read somewhere. You have 60 days from the date of death to apply. That deadline is in the statute. If nobody is able to take responsibility for the body, that's a different provision. H.R.S. 346-15(b) covers an unclaimed body, meaning no one has assumed responsibility for disposition and no legally responsible individual has been identified. All unclaimed bodies are cremated, and DHS pays the mortuary or crematory the actual cost or $1,600, whichever is less. Whoever has custody of the body, usually the hospital or mortuary, has 60 days to file the paperwork with DHS. County medical examiners and coroners have no deadline. Understand the trade before you go this route: once a body goes through the unclaimed process, the family isn't the one arranging the cremation. If the death was a violent crime, apply to the Crime Victim Compensation Commission, 1164 Bishop Street, Suite 1530, Honolulu, HI 96813, (808) 587-1143. From the neighbor islands, call your county's number and ask for extension 71143: Hawaii County (808) 974-4000, Kauai County (808) 274-3141, Maui County (808) 984-2400, Molokai and Lanai 1-800-468-4644. A relative of a deceased victim who has incurred funeral expenses can apply. The Commission doesn't publish a funeral-only limit. The ceiling in the law is $10,000 total, and up to $20,000 only where compensable medical expenses exceed $10,000. File within 18 months of the death. The crime has to have been reported to law enforcement without undue delay. The Commission pays last, after insurance, workers' compensation, and restitution, so file those claims too and keep the paperwork. Then search the state's Unclaimed Property Program, run by the Department of Budget and Finance under H.R.S. Chapter 523A, for money owed to the person who died.

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 doesn't 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 doesn't have an inheritance tax.

Hawaii doesn't impose an inheritance tax. This means that beneficiaries who inherit property from a deceased person's estate in Hawaii don't 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override an adult donor's decision.

Your registered decision is legally binding, and nobody else can amend or revoke it after your death (HRS § 327-8(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (HRS § 327-8(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided and keep your registry entry current.

Source: HRS § 327-8 (preclusive effect of an anatomical gift) ↗