๐ŸŒบ How to Set Up a Trust in Hawaii (2025 Guide)

Living in paradise doesnโ€™t mean youโ€™re 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

๐ŸŒบ How to Set Up a Trust in Hawaii (2025 Guide)

Living in paradise doesnโ€™t mean youโ€™re 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.

๐Ÿ” 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 youโ€™re alive

  • Seamlessly transfers assets to heirs when you pass

  • Protects you if you become incapacitated

๐Ÿ“ 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:

  • Minorโ€™s Trust

  • Special Needs Trust

  • Spendthrift Trust

  • Pet Trust

  • Dynasty/Legacy Planning

โœ… 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 youโ€™re 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

โœ… 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

โœ… TrustGenie walks you through this process with built-in state guidance.

5. Fund the Trust (This Step Is Crucial!)

To make the trust โ€œwork,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

๐Ÿšจ An unfunded trust is the #1 reason families still end up in probate.

โš ๏ธ Common Mistakes in Hawaii

โŒ Creating the trust but forgetting to fund it
โŒ Not including out-of-state assets
โŒ Skipping real estate deed transfer
โŒ Using a mainland-based template not valid under Hawaii law
โŒ Not updating trustee roles if life changes occur

๐Ÿ’ฐ 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)

โœ… Includes all Hawaii-specific trust forms, funding templates, and lifetime updates.

๐Ÿง  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

โœ… TrustGenie satisfies all these legal requirements with no hidden fees.

๐Ÿ“Ž Free Download: Hawaii Trust Checklist

Want a step-by-step printable version?

๐Ÿ“ฅ [Download the Hawaii Checklist] (available in plain text on request)

โœ… 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.

๐Ÿ‘‰ [Start Your Hawaii Trust โ€“ $150/year]