How to Make a Will in Hawaii (2026 Guide)

A will made in Hawaii must be signed by you and by 2 witnesses to be valid. Yes (Haw. Rev. Stat. § 560:2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Hawaii will covers, generated from the same rules.

Make my free Hawaii will

Hawaii will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Haw. Rev. Stat. § 560:2-502
Financial POA statute	Haw. Rev. Stat. ch. 551E (Uniform Power of Attorney Act, 2014); statutory form at § 551E-51
Healthcare directive statute	Haw. Rev. Stat. ch. 327E (Uniform Health-Care Decisions Act); optional form at § 327E-16

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Haw. Rev. Stat. § 560:2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Haw. Rev. Stat. § 560:2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in Hawaii?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Haw. Rev. Stat. § 560:2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Hawaii

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Haw. Rev. Stat. § 560:2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Haw. Rev. Stat. § 560:2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Haw. Rev. Stat. § 560:2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Hawaii allows a testator (or the testator's agent) to deposit a will with the circuit court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Haw. Rev. Stat. § 560:2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse or reciprocal beneficiary cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Haw. Rev. Stat. § 560:2-202), plus the homestead allowance, exempt property and family allowance (Haw. Rev. Stat. §§ 560:2-402 to 560:2-404).

Homestead

No special restriction on devising a homestead by will. A surviving spouse or reciprocal beneficiary is entitled to a homestead allowance of $15,000 with priority over most claims and devises (Haw. Rev. Stat. § 560:2-402).

If you die without a will in Hawaii

If you die without a will in Hawaii, your spouse (or reciprocal beneficiary) takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $150,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $100,000 plus half (Haw. Rev. Stat. §§ 560:2-102, 560:2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Hawaii

• Durable financial power of attorney: Haw. Rev. Stat. ch. 551E (Uniform Power of Attorney Act, 2014); statutory form at § 551E-51. The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public (Haw. Rev. Stat. § 551E-3). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the Bureau of Conveyances before using it for real estate.
• Advance healthcare directive: Haw. Rev. Stat. ch. 327E (Uniform Health-Care Decisions Act); optional form at § 327E-16. An advance health care directive must be signed by the principal and either acknowledged before a notary public or signed by two adult witnesses (Haw. Rev. Stat. § 327E-3). A witness may not be the appointed agent or the principal's health care provider or an employee of the provider, and at least one witness must be neither related to the principal by blood, marriage or adoption nor entitled to any part of the estate (Haw. Rev. Stat. § 327E-3). The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Haw. Rev. Stat. § 560:2-513).

Hawaii notes

• Hawaii recognizes holographic wills whose signature and material portions are in the testator's handwriting (Haw. Rev. Stat. § 560:2-502(b)); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Hawaii?

Hawaii requires 2 witnesses (Haw. Rev. Stat. § 560:2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Haw. Rev. Stat. § 560:2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Haw. Rev. Stat. § 560:2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in Hawaii?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Hawaii have a self-proving affidavit?

Yes (Haw. Rev. Stat. § 560:2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Hawaii?

Yes, Hawaii recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Hawaii?

A surviving spouse or reciprocal beneficiary cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Haw. Rev. Stat. § 560:2-202), plus the homestead allowance, exempt property and family allowance (Haw. Rev. Stat. §§ 560:2-402 to 560:2-404).

What happens if I die without a will in Hawaii?

If you die without a will in Hawaii, your spouse (or reciprocal beneficiary) takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $150,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $100,000 plus half (Haw. Rev. Stat. §§ 560:2-102, 560:2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Hawaii?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Haw. Rev. Stat. §§ 560:2-517, 560:3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.