2026 data Public-data reference. official source

Hawaii Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Hawaii (HI)

2/5 Friendliness Has Estate Tax 0

State Estate Tax

Exemption $5,490,000
Top Rate 20%
Min Rate 10%
Portability No

Hawaii has one of the highest top estate tax rates at 20%. Exemption set at 2017 federal level ($5.49M).

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Hawaii

Probate Costs

Filing Fee $35–$300
Attorney Fee ~4% statutory
Executor Fee ~3%
Timeline 9–18 months
Small Estate Threshold $100,000

Summary administration for estates under $100,000

Probate Code

Uniform Probate Code Adopted (1996)

Hawaii has adopted the Uniform Probate Code, which simplifies probate procedures and provides standardized rules for estate administration.

Property System

Community Property No (Common Law)

Hawaii follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

2.0 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Hawaii.

Estate-tax exemption

$5,490,000

Hawaii state estate-tax filing threshold.

Probate window

9-18 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Hawaii 40.0%
National median

Statutory attorney fee approximately 4% of estate value, plus filing fees.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Hawaii probate timeline

Phase share of typical filing-to-distribution window — 9–18 months

Hawaii probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Hawaii

IRS Statistics of Income data showing estate tax returns filed by Hawaii residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 52 $1.0B $0.1B $56,932K
2022 26 $0.5B N/A
2021 24 $0.5B $0.1B $40,722K

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Hawaii Estate Data Reveals

Hawaii layers a state estate tax on top of the federal regime — exemption of $5,490,000 with rates from 10% to 20%, and spousal portability is not recognized. For estates above this state threshold but below the federal $13,990,000 exemption (2025), state law is the binding constraint, which is exactly the bracket most affluent households fall into. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 52 federal estate tax returns filed by Hawaii residents in the most recent available year (filing year 2023), reporting $1.04 billion in combined gross estate value. Net federal estate tax paid totaled $0.07 billion that year. Across the multi-year IRS SOI series above, Hawaii averages roughly 34 taxable filings per year, with an effective federal rate on reported gross estates of about 6.4%.

Probate itself typically runs 9–18 months in Hawaii (roughly 14 months on average), with court filing fees of $35–$300. Attorney compensation is set by statute at approximately 4% of the estate, which is a material fixed cost even for uncontested estates. Hawaii does offer a simplified small-estate track for estates under $100,000, which most families use to bypass full formal probate. Because Hawaii has adopted the Uniform Probate Code (since 1996), procedures are broadly standardized across counties. As a common-law (separate property) state, Hawaii treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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Hawaii Estate Tax FAQs

Does Hawaii have an estate tax?

Yes. Hawaii has a state estate tax with a $5,490,000 exemption. Rates range from 10% to 20%. This is in addition to the federal estate tax.

Does Hawaii have an inheritance tax?

No. Hawaii does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Hawaii?

Probate in Hawaii typically takes 9 to 18 months. Estates under $100,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Hawaii?

Court filing fees in Hawaii range from $35 to $300. Attorney fees are typically 4% of the estate value (statutory). Executor compensation is typically around 3% of the estate.

Can you avoid probate in Hawaii?

Yes. Common probate avoidance strategies in Hawaii include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Hawaii also offers a simplified process for small estates under $100,000.

How will the 2026 federal estate tax sunset affect Hawaii residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. Hawaii residents face both federal and state estate taxes, so the reduced federal exemption could mean a significantly larger combined tax bill for estates above the new threshold.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page