Hawaii Last Will and Testament

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When it comes to a Hawaii last will and testament, the state’s probate courts oversee the division of property and estates. The court handles estate and property divisions following the guidelines set forth by the testator.

A Hawaii will determines what will happen to an individual’s property after death. In Hawaii, an individual must meet specific requirements when making a last will and testament:

  • They must be 18 years or older
  • They must be of sound mind
  • They must present a written will, as Hawaii cannot accept an oral will. 

In Hawaii, a last will and testament template may be used if necessary. However, it is not required.

If a last will and testament form requires changes, Hawaii requires an amendment – called a codicil – to be included and signed in the same manner as the entire will. The individual must submit the codicil with two witnesses, as previously stated.

Hawaii Last Will and Testament Template

FAQ: Hawaii Last Will and Testament

Following are some of the most common questions asked regarding the creation of a last will and testament in Hawaii.

For a will to be valid in Hawaii, the testator must follow specific guidelines:

  • Divide the desired property between inheritors
  • Choose an executor
  • Choose a guardian if children are present and underage
  • Choose a manager for your children’s property
  • Sign the will in front of at least two witnesses
  • Two witnesses sign the will

Once these requirements are fulfilled, Hawaii considers the will complete and valid. The probate court handles all valid testaments.

Hawaii does not require a notary’s signature for the will to be valid. However, a notary’s signature makes the document considered self-proved. A self-proved will need not be proved by the probate court when the time comes. A self-proved will can be admitted to the court without witness testimony and speeds up the probate process.

An individual can make their own will at no charge. A free last will and testament in Hawaii based on a simple Hawaii will template allows the process to move forward at a reasonable price. Some attorneys charge hundreds or thousands of dollars, depending on the complexity of the content.

A testator can create their own will in Hawaii. One can typically find simple resources to guide them in the process. If all state requirements are followed, the court must accept the will as legal and valid. 

Hawaii requires two generally competent witnesses to testify in court concerning what they saw in signing the will.

In Hawaii, a testator may write their own will. The will must be signed by the testator and two witnesses to be considered. A consultation with a lawyer may be advisable for more complicated circumstances.

If all legal requirements noted above are met, Hawaii accepts handwritten wills. Called a holographic will, the will need not be entirely in the testator’s handwriting for it to be considered legal and valid.