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Hawaii Last Will and Testament

Hawaii Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 12, 2023
·

9 mins

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It can be time-consuming and stressful to go through the probate process after a loved one's death. Not only the family has to grieve and move on, but they might also get tangled in proving their right in the estate. Nobody would want that for their family, so investing time in your Hawaii last will and testament and estate management is essential. You cannot go ahead thinking there's plenty of time to do this. Life is uncertain, and it's better to prepare for such incidents. Your family would be taken care of and could move on with their lives easily. You should make your online last will now and handle your estate affairs.

All the states have varying requirements to make a valid and enforceable last will. If you live in Hawaii, here's what you should follow.

Requirements for a Hawaii Last Will and Testament 

  • Written will: A Hawaii last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Hawaii allows Holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Hawaii last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Hawaii last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Who can be your witnesses for a Hawaii Last Will and Testament? 

Your witnesses for a Hawaii last will must follow these conditions:

  • Hawaii allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

Hawaii rules for a personal representative or an executor 

Choosing an executor for your Hawaii last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Hawaii doesn't restrict people convicted of a felony from being executors.
  4. Hawaii allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Hawaii

There's no need to notarize your Hawaii last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Hawaii Last Will Revocation 

You could follow any of the following methods to revoke your Hawaii last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Making a new legal will that revokes any part or the entire previous will.

Hawaii Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Hawaii last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Last Will and Testament Hawaii

Hawaii rules for divorce after making your last will

  • Hawaii law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Hawaii will.

What happens if you don't have a will in Hawaii?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)


The spouse has no other children 

Spouse inherits everything 

Has a spouse and children 

(Children you share with that spouse)


The spouse has children from another relationship 

Spouse gets the first $150,000 of your estate and one-half of the balance 



Children inherit the balance 

Has a spouse and children 

(Children you share with someone else)

Spouse gets the first $100,000 of your estate and one-half of the balance 


Children inherit the balance

Has a spouse and parents 

Spouse gets the first $200,000 of your estate and three-fourths of the balance 


Parents inherit the balance

Last Will and Testament Hawaii Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Hawaii free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Hawaii last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Hawaii last will and testament. 

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Frequently Asked Questions

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Can my last will and testament be oral?

Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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