Hawaii
Estate planning basics in Hawaii
Hawaii has a state estate tax, has no inheritance tax, is not a community property state, and allows a transfer on death deed for real estate. The details are below, in plain words, as Legacy Guard shows them to families in Hawaii.
| Estate tax | Yes. Estates over $5.49 million pay 10 to 20 percent, with the top rate above $10 million. |
|---|---|
| Inheritance tax | None |
| Community property | No. Hawaii is not a community property state. |
| Small estate limit | Affidavit for estates up to $100,000 (not counting vehicles), and a clerk-run small estate process for the same amount. |
| Transfer on death deed | Yes. Hawaii allows a transfer on death deed for real estate. |
| Probate | Hawaii probate is a court process that usually takes a year or more, and land records and leasehold property add steps. A living trust is very common, and the state estate tax threshold catches many homeowners in Honolulu. |
| Homestead | Hawaii's home exemption lowers the assessed value of an owner-occupied home for property tax, with larger exemptions by age on most islands. |
| Vehicles | No beneficiary designation on a vehicle title. A vehicle passes through the estate or by the small estate process with the county. |
| Last reviewed | October 21, 2026 |
State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.
What this means for your plan
- Hawaii taxes estates above its own threshold, which is below the federal $15 million exemption. Families near the line often plan for it with gifts, trusts, or titling. Ask your attorney whether your plan accounts for it.
- A transfer on death deed can pass your home to a named person without probate. It does not replace a trust, and it needs to be coordinated with one, but it is a simple tool worth asking about.
- Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.
Questions about Hawaii
- Does Hawaii have an estate tax?
- Yes. Estates over $5.49 million pay 10 to 20 percent, with the top rate above $10 million.
- Does Hawaii have an inheritance tax?
- No. Hawaii does not tax what an heir receives.
- Is Hawaii a community property state?
- No. Hawaii is a common law property state. Hawaii probate is a court process that usually takes a year or more, and land records and leasehold property add steps. A living trust is very common, and the state estate tax threshold catches many homeowners in Honolulu.
- Does Hawaii allow a transfer on death deed for real estate?
- Yes. Hawaii allows a transfer on death deed for real estate.
- What is the small estate limit in Hawaii?
- Affidavit for estates up to $100,000 (not counting vehicles), and a clerk-run small estate process for the same amount.
Find a Legacy Guard firm in Hawaii
Families join Legacy Guard through their estate planning attorney. Tell us your state and we will point you to a firm, or send your attorney our way.
Find a firmI am an attorney in HawaiiA plan that stays current in any state
Legacy Guard brings your plan back for a 25 minute review every year and flags a move to another state with that state's rules.