State requirements
Making a will in Hawaii
Hawaii requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Hawaii adopted the Uniform Probate Code (UPC). Hawaii does NOT recognize holographic wills. Hawaii is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | HRS § 560:2-501 | 18+ and of sound mind |
| Execution Requirements | HRS § 560:2-502 | Written, signed, 2 witnesses |
| Self-Proving | HRS § 560:2-504 | Available with affidavit |
| Elective Share | HRS § 560:2-202 | Based on marriage length |
Execution Requirements
HAWAII WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
⚠️ NO holographic wills recognized
Elective Share
HAWAII ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Hawaii Estate Tax
HAWAII ESTATE TAX:
- Hawaii has state estate tax
- $5.49 million exemption (linked to federal)
- Rates from 10% to 20%
Checklist for Hawaii Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
Hawaii will questions, answered
Can I make a will online in Hawaii?
Yes. Hawaii does not require a lawyer to draft a will. A will created online is valid in Hawaii when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Hawaii?
Hawaii requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Hawaii require a will to be notarized?
No. Witnesses make a will valid in Hawaii, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Hawaii?
No. Hawaii does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Hawaii?
A valid Hawaii will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Hawaii law, not legal advice. Statutes change — verify current requirements or consult a licensed Hawaii attorney for complex situations.