Make a Hawaii Last Will and Testament

Hawaii State Last Will and Testament Laws

Definition of Will - § 560:1-201

Laws - Chapter 560: Uniform Probate Code

Witnesses - According to § 560:2-502, the Will must be signed by two (2) witnesses.

A Sample Hawaii Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for your will to be legally recognized, it must be signed by all parties.

Why do you need a Hawaii last will and testament form?

In Hawaii, it is important to have a last will and testament as part of your estate planning to ensure that your assets, properties, and businesses are distributed and dependent guardianship and pet ownership wishes are carried out upon death. A last will and testament is only valid upon the death of the Testator.

The benefits of having a will

According to Hawaii laws, a last will and testament is not legally required. However, without one, any disbursement of assets, real estate, or dependent guardianship will be determined by the probate court. When creating a will, it is important to name an executor who will be responsible for carrying out the wishes that are outlined in the will.

Hawaiian wills also allow for pet trusts to be created.

The costs of not having a will

If someone dies without a Hawaii will, state laws and intestacy laws state that a surviving spouse will automatically inherit the whole estate if the surviving spouse is the parent of any surviving children. If there are children or dependents not in the surviving spouse’s care or any surviving parents, the estate can be divided differently at the will of the courts. If there are no surviving children, parents, or spouses, the estate would go to the next closest relative. If none can be found, the state will absorb any property.