Revocable Living Trusts in Hawaii
How revocable living trusts work under Hawaii law and the other ways to pass property without probate.
Short answer: Hawaii adopted the Uniform Trust Code (Act 32 of 2021, Chapter 554D). For trusts created by instruments signed on or after January 1, 2022, a trust is revocable unless its terms expressly say it is irrevocable. Haw. Rev. Stat. §§ 554D-101, 554D-602
| Revocable living trust | Hawaii adopted the Uniform Trust Code (Act 32 of 2021, Chapter 554D). For trusts created by instruments signed on or after January 1, 2022, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust (which may require a higher level of capacity) or, if there is no exclusive method, by another method allowed by statute. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or a small estate procedure. |
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| Ways to avoid probate | Non-probate options in Hawaii include: transfer on death deeds for real estate, recorded with the Bureau of Conveyances or Land Court before death (Haw. Rev. Stat. ch. 527); joint and payable-on-death accounts, which belong to the surviving party or POD payee (Haw. Rev. Stat. § 560:6-104); transfer-on-death registration of securities (Haw. Rev. Stat. ch. 539); jointly owned vehicles, which the survivor can transfer; property in a funded revocable trust (Haw. Rev. Stat. § 554D-602); and the small estate affidavit for estates of $100,000 or less (vehicles can be transferred regardless of value) (Haw. Rev. Stat. § 560:3-1201). |
More Hawaii estate law
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- Small Estate Affidavit in Hawaii
- Power of Attorney in Hawaii
- Quitclaim Deeds and Transferring Property in Hawaii
- Who Inherits If You Die Without a Will in Hawaii
- How to Make a Valid Will in Hawaii
- How Probate Works in Hawaii
- Living Wills and Advance Directives in Hawaii
- Executor Duties in Hawaii
- Letters Testamentary in Hawaii
- Affidavit of Heirship in Hawaii
- How to Avoid Probate in Hawaii
- Transferring a Car After Someone Dies in Hawaii
- All Hawaii wills, probate and estate rules
FAQ
How do living trusts work in Hawaii?
Hawaii adopted the Uniform Trust Code (Act 32 of 2021, Chapter 554D). For trusts created by instruments signed on or after January 1, 2022, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by substantially following the method in the trust (which may require a higher level of capacity) or, if there is no exclusive method, by another method allowed by statute. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or a small estate procedure.
How can you avoid probate in Hawaii?
Non-probate options in Hawaii include: transfer on death deeds for real estate, recorded with the Bureau of Conveyances or Land Court before death (Haw. Rev. Stat. ch. 527); joint and payable-on-death accounts, which belong to the surviving party or POD payee (Haw. Rev. Stat. § 560:6-104); transfer-on-death registration of securities (Haw. Rev. Stat. ch. 539); jointly owned vehicles, which the survivor can transfer; property in a funded revocable trust (Haw. Rev. Stat. § 554D-602); and the small estate affidavit for estates of $100,000 or less (vehicles can be transferred regardless of value) (Haw. Rev. Stat. § 560:3-1201).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.