How to Make a Will in Hawaii

A will allows you to choose a guardian for your children or pets, appoint an executor to manage your assets, and bequeath your assets to specific individuals or organizations. Failing to draft a will exposes the allocation of your assets to uncertainty. This might result in an undesirable individual inheriting from you.

What are the steps to create a will in Hawaii?

The steps on how to write a will in Hawaii include:

1. Assets inventory

Maintaining an asset inventory facilitates the assessment of your assets, therefore influencing the will drafting process. Knowing how much you have, you can map out your beneficiaries.

2. Beneficiaries’ determination

It is common practice for beneficiaries to be members of the testator’s immediate family. However, a testator can name anybody as such in a will. Beneficiaries may additionally include charitable organizations.

3. Executor determination

In cases where you do not choose an executor, a court will appoint one on your behalf to carry out your directives in your absence. While selecting an executor, be mindful of the state’s limitations on who can serve as an executor.

4. Guardian determination

Exercising your right to choose a guardian for your children enables you to select the most competent people to undertake parenting responsibilities in your absence. It is always prudent to discuss with your preferred guardian before designating them in the will.

5. Fiduciary determination

A fiduciary, who is not the guardian, is often advised to oversee the management of the children’s assets to provide enhanced oversight of their money.

6. Will drafting

A will guarantees protection for your loved ones in your absence per your desires.

7. Will execution

The execution of the will conveys your intention to adhere to its stipulations.

8. Will storage

It is important to store your will in a secure, resistant-to-damage area that will be readily accessible to your loved ones after your demise.

What happens if I don’t have a will?

When someone does not have a will, the disposition of their estate is governed by the laws of intestate succession, as they are deemed to have died “intestate.”  Contact us today for a Hawaii last will and testament form or template per Hawaii law.

What are the requirements for writing a last will and testament in Hawaii?

The requirements for writing a valid last will and testament in Hawaii are:

1. Age

The testator must be a minimum of 18 years of age or an emancipated minor.

2. Sound mind

A court should not have deemed the testator as incapacitated.

The testator must have testamentary capacity. This implies that they are aware that they are creating a will, of the property they possess, their beneficiaries, and the consequences of signing a will.

 How often should you review and update your Hawaii will?

You should review and update your Hawaii will during a significant life shift. You should, however, review and update your will at least once every three to five years, regardless of whether anything changes in your life. Some critical life events that might call for a review and update to your will include getting married, getting a divorce, having a child (naturally or through adoption), a beneficiary or executor passing away, changes in your relationships, new laws, moving to a new state, or your financial situation changes.

How to revise and update your will in Hawaii

In Hawaii, a testator may revise and update a will by preparing a codicil that complies with the same formal requirements as a will. When handling many alterations or adjustments, it is advisable to invalidate the present will and write a new one.

What makes a will valid in Hawaii?

For a testator to make a will valid in Hawaii, they need to satisfy the following criteria:

1. The testator must be 18 years of age or an emancipated minor.
2. The testator must have a sound mind.
3. You must execute your will, or if incapacitated, you may authorize another individual to sign on your behalf in your presence.
4. Two competent witnesses are required to see the signing of your will or the acknowledgment of your signature on the will.
5. You must execute your will in hard copy. It should not be in an audio, video, or other digital file.

Can a handwritten will be valid in Hawaii?

Yes, a handwritten will can be valid in Hawaii. A holographic will is a testamentary document authored and signed by the testator in their handwriting, without the presence of witnesses. Numerous states do not recognize handwritten wills. Hawaii permits holographic wills where the signature and essential components of the will are in the testator’s handwriting. On the other hand, Do-it-yourself (DIY) wills, although allowed, are discouraged.

How do I sign my Hawaii will?

You must sign your will in the presence of two witnesses, who must affix their signatures to the document. Your witnesses should sign your will within a reasonable timeframe after witnessing your signature or you acknowledging the will as yours.

What can I include in an online will in Hawaii?

You can include any provision that features in a traditional will in an online will. Probate assets, beneficiaries, guardians, and executors are conventional provisions to include in an online will.

Types of assets covered in a Hawaii will

The assets encompassed in a Hawaii will are probate assets. Probate assets require a probate process for transfer, but one can transfer non-probate assets without undergoing probate.

Can I revoke or change my will in Hawaii?

Yes, you can revoke or change your will in Hawaii.

How do you revoke or change your will in Hawaii?

In Hawaii, you can revoke or change your will at any time by:

Incinerating, shredding, nullifying, annihilating, or destroying the will with the intention of revoking or drafting a new one that explicitly revokes the previous one or has conflicting provisions with the prior will.

It is prudent to revoke your existing will and establish a new one to amend it, but if you just need to make small adjustments, you may amend your existing will through a codicil. Please note that we have additionally covered how often should one update a will.

Can I make a digital or electronic will in Hawaii?

No, you cannot make a digital or electronic will in Hawaii. However, this could change in the future, especially since some states do allow for them.

Who can witness a will in Hawaii?

In Hawaii, any individual who is generally competent to act as a witness may serve as a witness to a Will. The witnesses to the will should ideally be “disinterested,” signifying that they are not beneficiaries of the will. In Hawaii, the execution of a Will by an interested witness does not render the will or any of its provisions invalid.

An interested witness is an individual who stands to gain inheritance from your estate through a will or intestacy law. Numerous states prohibit interested witnesses from attesting to a will, but Hawaii lacks such a prohibition. Utilizing disinterested witnesses may additionally be advantageous in excluding challenges to your will due to undue influence or fraud.

Should my will name an Executor?

Yes, your will should name an executor. It is essential to appoint an executor in your will. The court may choose an executor who is not your preferred option if you do not name one in your will.

What are the Hawaii will executor requirements?

The Hawaii executor requirements are as follows:

1. Age

Individuals must be a minimum of 18 years old to qualify.

2. Residency

The individual must additionally be a resident of the state or possess judicial authorization to serve as an executor inside the state. A nonresident executor must appoint the clerk of the court as their agent to receive legal documents.

3. Criminal Record

Ultimately, candidates must undergo a criminal background check before being designated as an executor by a probate court.

The responsibilities of an estate administrator encompass the collection, management, and distribution of assets according to the decedent’s desires or the directives specified in a will. A comprehension of probate legislation, financial protocols, and other legal issues is crucial for any prospective executor of an estate in Hawaii. Furthermore, candidates must be able to handle all assets with diligence and accountability.

What happens to a will after death in Hawaii?

After death in Hawaii, the executor is responsible for locating the will and submitting the necessary paperwork to the probate court to commence the probate process in Hawaii. Once the executor has access to the decedent’s assets, they begin cataloging all assets, settling obligations to creditors, submitting tax returns, allocating monies to heirs and beneficiaries, and eventually distributing the residual assets per the decedent’s directives.  We hope this answers your question of what to do when someone dies in Hawaii.

What is the impact of marriage and divorce on your Hawaii will

In Hawaii, complete disinheritance of a spouse is permissible only if they have executed a pre-nuptial agreement relinquishing their entitlement to an elective portion of your estate. An elective share constitutes a fraction of a decedent’s inheritance that a spouse may assert if excluded from the will. As part of their beneficiary rights, the surviving spouse may get a homestead allowance of $15,000, a family allowance, and an allowance for exempt property.

In the event of divorce or a court’s determination of the illegality of your marriage, Hawaii law nullifies any provisions in your will that bequeath property to your spouse or designate your spouse as your executor. This rule is inapplicable if you explicitly indicate in your will, divorce decree, or property partition arrangement that divorce shall not influence the stipulations in your will. We offer well-drafted wills for married couples; contact us today.

Do all wills in Hawaii have to go through probate?

Yes, all wills in Hawaii have to go through probate. Following the decedent’s passing, their designated executor will petition the court to establish the will’s validity. The individual in question will likewise seek judicial authorization to enable him to locate, acquire, and oversee assets. Nonetheless, according to Hawaii probate law, not all estates are required to go through probate.

Is Hawaii a community property state?

No, Hawaii is not a community property state. Hawaii is an equitable division state. The equitable division takes into account the resources and requirements of each partner, as well as other, more pragmatic considerations, as opposed to community property, states that split property roughly in half. The court in Hawaii will determine the division of assets considering each spouse’s employability and abilities, any specific medical or financial requirements, and the worth of unpaid labor, such as caring for children and keeping the house in order. The judge will uphold an amicable settlement if the parties can resolve their differences without resorting to coercion or concealing assets.

How is Hawaii intestate succession done?

Hawaii’s intestacy laws allocate your assets to your nearest relatives, starting with your spouse and children. Where you lack a spouse and children, your grandkids or parents will inherit your property. This list extends to more remote relatives, encompassing siblings, grandparents, aunts, uncles, cousins, nieces, and nephews. Per Hawaii inheritance law, the state will assume ownership of your property if the court depletes this list and determines that you own no live relatives by blood or marriage.

How is estate and inheritance tax in Hawaii done?

Hawaii imposes no inheritance tax, yet it is one of the states that levy an estate tax. Estate taxes are deducted from the deceased’s estate immediately upon their death, whereas inheritance taxes are imposed on the heirs after they have acquired their inheritance. Hawaii’s estate tax is progressive, indicating that it is reduced for lower-income workers and increases incrementally for higher-income earners. The rates vary from 10% to 20%, with an exemption threshold of $5.49 million. A Hawaii estate tax report is required if the estate’s worth exceeds $5.49 million.