๐บ How to Set Up a Trust in Hawaii (2025 Guide)
Living in paradise doesnโt mean youโre exempt from probate court, delays, or estate taxes. More Hawaiians are turning to revocable living trusts to protect their assets, skip probate, and maintain privacy. This guide will walk you through how to legally and affordably create a trust in Hawaii โ even without hiring a lawyer.
10/27/20252 min read


๐บ How to Set Up a Trust in Hawaii (2025 Guide)
Living in paradise doesnโt mean youโre exempt from probate court, delays, or estate taxes. More Hawaiians are turning to revocable living trusts to protect their assets, skip probate, and maintain privacy.
This guide will walk you through how to legally and affordably create a trust in Hawaii โ even without hiring a lawyer.
๐ What Is a Trust?
A trust is a legal structure where a grantor (you) transfers ownership of property to a trustee (often also you) for the benefit of your beneficiaries.
The most popular type in Hawaii is the Revocable Living Trust, which:
Avoids the probate process in the State of Hawaii
Maintains privacy and keeps your estate off public record
Allows you to retain control while youโre alive
Seamlessly transfers assets to heirs when you pass
Protects you if you become incapacitated
๐ How to Set Up a Trust in Hawaii
1. Choose the Right Trust
Start with a Revocable Living Trust, which is:
Fully legal and recognized in Hawaii
Easier to update and revoke during your lifetime
A great fit for homeowners and business owners
โ๏ธ Optional clauses and subtrusts to consider:
Minorโs Trust
Special Needs Trust
Spendthrift Trust
Pet Trust
Dynasty/Legacy Planning
โ TrustGenie includes these options at no extra cost.
2. Assign Trust Roles
โ Grantor โ You (the person creating the trust)
โ Trustee โ Usually you, managing assets during your life
โ Successor Trustee โ Steps in when youโre unable or pass away
โ Beneficiaries โ Who receives your assets (can be individuals or charities)
3. List and Assign Assets
Include:
Real estate in Hawaii
Bank accounts, stocks, crypto
Businesses and LLCs
Timeshares, rental properties
Jewelry, vehicles, heirlooms
Digital property like domain names
โ TrustGenie provides a Schedule A and Assignment of Assets form for proper documentation.
4. Execute the Trust Properly
Hawaii does not require witnesses, but notarization is required
Use Hawaii-specific formatting
Ensure your successor trustee knows where to find the trust
โ TrustGenie walks you through this process with built-in state guidance.
5. Fund the Trust (This Step Is Crucial!)
To make the trust โwork,โ you must transfer your assets into it:
โ Real Estate: File a Quitclaim or Warranty Deed
โ Bank Accounts: Retitle in the name of the trust
โ Personal Property: Use a General Assignment Form
โ Business Interests: Update LLC operating agreements
โ Insurance/Retirement Accounts: Consider updating beneficiaries
๐จ An unfunded trust is the #1 reason families still end up in probate.
โ ๏ธ Common Mistakes in Hawaii
โ Creating the trust but forgetting to fund it
โ Not including out-of-state assets
โ Skipping real estate deed transfer
โ Using a mainland-based template not valid under Hawaii law
โ Not updating trustee roles if life changes occur
๐ฐ How Much Does a Trust Cost in Hawaii?
Method Cost Range Attorney$3,000 โ $7,000+ Online Template$100 โ $400 TrustGenie$150/year (all-inclusive)
โ Includes all Hawaii-specific trust forms, funding templates, and lifetime updates.
๐ง Do I Need a Lawyer to Make a Trust in Hawaii?
No. Under Hawaii law, your trust is valid if:
It is in writing
It names a trustee and beneficiaries
It is properly signed and notarized
It is funded with real assets
โ TrustGenie satisfies all these legal requirements with no hidden fees.
๐ Free Download: Hawaii Trust Checklist
Want a step-by-step printable version?
๐ฅ [Download the Hawaii Checklist] (available in plain text on request)
โ Ready to Create Your Hawaii Trust?
Thousands of Hawaii families are using TrustGenie to protect their property, avoid court, and build a lasting legacy โ without spending a fortune.
๐ [Start Your Hawaii Trust โ $150/year]
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