Is An Online Will Legally Valid in Hawaii?

Online wills are valid in Hawaii, but drafting the document is only the first step. You will need to take additional steps to make it legal. Here's the rest of the process.

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FeedingBird takes you through each step, so you can rest easy knowing that nothing gets missed.

What Makes an Online Will Legally Valid in Hawaii?

Online wills are legal in Hawaii, but electronic wills are not currently allowed, so the document must be printed on paper. It must be signed by the person recording their wishes and also signed by two witnesses within a reasonable amount of time after watching the testator sign or acknowledge it. You do not need to notarize the will unless you are choosing the path of a self-proving will, which does require notarization.

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Hawaii does recognize holographic, or handwritten, wills without any witnesses, as long as the signature and the material provisions are done in the testator’s own handwriting.

What You Need to Know about Online Wills in Hawaii

Estate laws can be difficult to understand. They contain complexities that can be overwhelming to those without a law degree and they are specific to the state where you reside. For those reasons, it’s very important that it be structured appropriately if you want to avoid legal delays and issues.

Hawaii Property Laws

Hawaii is a common law property state, unlike a handful that are known as community property states. This means transfer of ownership is generally determined by the name listed on the title, deed, or account. In Hawaii, a surviving spouse can also claim an elective share equal to 50% of the marital-property portion of the estate. It’s important to note that the length of the marriage factors into how that marital-property portion is calculated.

Hawaii Probate

All wills go through probate in Hawaii unless the total estate personal property value is $100,000 or less. In that case, you may qualify for a small estate affidavit. Otherwise, a trust is typically needed to avoid probate, particularly given how often Hawaii real estate alone exceeds the small estate threshold. Hawaii is also one of the few states with its own state estate tax.

Avoiding Probate in Hawaii

• Create a revocable living trust. This option gives you privacy and full control over your estate as the trustee and lists a successor to manage distribution of assets upon your death.

• Determine beneficiaries for financial and retirement accounts that will automatically pass to new owners at the time of your death.  

• You can choose the path of  joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in Hawaii? See what is required for trusts.