State requirements
Making a will in Hawaii
Hawaii lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Hawaii requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Hawaii?
Hawaii requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Hawaii document; neither action alone establishes validity. 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?
Hawaii sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Hawaii source above and get local help for your circumstances.
Keep reading
All guides →Your Hawaii wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Hawaii law, not legal advice. Statutes change — verify current requirements or consult a licensed Hawaii attorney for complex situations.