Detailed Answer

Short answer: A will alone usually does not avoid probate in Hawaii. Beneficiary designations, account titling, joint ownership, and trusts are the primary ways to keep assets out of probate. A well-coordinated plan can help a surviving spouse and children receive intended assets with less delay and cost.

How it works under Hawaii law (plain-language overview):

• Wills — A will states how you want probate assets distributed, names an executor, and can name guardians for minor children. However, a will controls only assets that go through probate. After someone dies, a will typically must be filed in probate court to transfer legal title to property that is solely in the decedent’s name. A will does not by itself transfer title immediately at death.
• Beneficiary designations and payable-on-death (POD) designations — Accounts and contracts that have named beneficiaries generally pass directly to the named beneficiary outside probate. This includes life insurance proceeds, many retirement accounts (IRAs, 401(k)s), and any bank or brokerage accounts designated POD or transfer-on-death (TOD) where the account provider offers that feature. The named beneficiary receives the asset regardless of what a will says, so keeping beneficiary designations current is essential.
• Joint ownership with rights of survivorship — Property titled jointly with right of survivorship typically passes automatically to the surviving owner without probate. This applies to some bank accounts and real property when titled as joint tenants with rights of survivorship or, where recognized, tenancy by the entirety for married couples. Check how an asset is titled and whether the form of joint ownership used in Hawaii creates survivorship rights.
• Revocable living trusts — Transferring assets to a revocable trust during life can allow those assets to bypass probate at death because legal title stays in the trust and the successor trustee can distribute assets per the trust terms. Trusts are commonly used when clients want control, privacy, and a smoother administration for families.
• Hawaii small-estate procedures and court rules — For modest estates, Hawaii offers simplified probate and small-estate options that can reduce time and expense. Whether an estate qualifies for a simplified procedure depends on the estate’s size and type of assets.

Practical effect: If your goal is to make sure a spouse and children inherit specific assets without probate, you should use beneficiary designations and proper ownership titling for accounts you want to pass outside probate, and use a trust for assets you want to control privately and avoid probate. Keep a will as a backstop for any assets that do go through probate and to name guardians for minors.

Relevant official resources (starting points):

• Hawaii State Judiciary — self-help and probate information: https://www.courts.state.hi.us
• Hawaii Revised Statutes and current code listings: https://www.capitol.hawaii.gov/hrscurrent/

Note on transfer-on-death real-property rules and local specifics: Some states allow a transfer-on-death deed for real estate. Whether a TOD deed (or similar mechanism) is available and how it must be drafted and recorded can depend on Hawaii statutes and county recording practice. Because real-property transfer rules and tax outcomes vary, check the relevant Hawaii statutory language or consult a Hawaii attorney before using a deed-based transfer strategy.

Helpful Hints

• Inventory assets: List all bank accounts, brokerage accounts, retirement plans, life insurance policies, and real property, and note the current title and any beneficiaries.
• Update beneficiary designations: Review and update beneficiaries on retirement accounts and life insurance after major life events (marriage, divorce, births, deaths).
• Coordinate documents: Make sure wills, beneficiary forms, account titles, and any trust documents work together. The beneficiary form generally controls for that specific account.
• Use a trust for probate avoidance: Fund a revocable living trust with assets you want to pass outside probate. Remember to re-title assets into the trust name as part of funding it.
• Keep a will for guardianship and backup distributions: Even if you use beneficiary designations and a trust, keep a will to name guardians for minor children and to dispose of assets not moved to the trust or covered by beneficiary forms.
• Check joint ownership carefully: Joint title eliminates probate only if it creates survivorship. Joint ownership can have unintended tax, creditor, or estate consequences—get advice before changing title to add someone.
• Consider small estate options: If the estate is small, Hawaii’s simplified procedures may avoid full probate. The Judiciary’s probate pages outline available procedures and forms.
• Document your plan and tell trusted people: Make sure the named beneficiaries, executor, or trustee know where to find the documents and any important account logins or contact information for financial institutions.
• Review regularly: Revisit your plan every 2–4 years or after major life events.
• Consult a Hawaii attorney for complex situations: Real property, business ownership, blended families, contested beneficiary situations, or significant asset values can create complications best handled with legal advice.