Estate Planning 101

Understanding the Costs of Estate Planning in Hawaii

April 8, 2024

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Estate planning is a fundamental element in managing your financial affairs. It's just as crucial in Hawaii as it is everywhere else in the country. A well-structured estate plan offers peace of mind and ensures your wishes are carried out after your death. However, the process can be complex and often requires professional legal assistance. 

In this post, we will provide a detailed breakdown of the specific costs associated with estate planning in Hawaii with the help of an attorney, so you can understand what to expect. We will also compare these costs with those at Snug.

1. Initial Consultation

Many attorneys in Hawaii offer an initial consultation, which is a chance for you to discuss your needs, understand the process, and decide if the attorney’s services match your requirements. The consultation fee in Hawaii typically ranges from $150 - $550. This fee is often used to ensure that you are serious about the process, but it can also make it harder for you to shop around for the best deal.

At Snug, you can get started for free and only pay when you’re ready to finalize your documents.

2. Estate Plan Drafting

The drafting of an estate plan involves creating essential documents like a will, trust, power of attorney, and health care directive. In Hawaii, the cost for comprehensive estate plan drafting can range from $1500 to $5650, depending on the complexity of your estate and the attorney's level of experience.

The cost of creating a will in Hawaii can range from roughly $450 to $1150. A Hawaii trust typically costs anywhere between $1500 and $3950.

At Snug, any member can create a Power of Attorney and Health Care Directive for free.  A Will costs $195 and a Trust costs $500. For many families, this is a great option to get you fully covered and save some money while doing it.

3. Document Review

If you already have estate planning documents and need them reviewed or updated, attorneys in Hawaii typically charge between $750 and $2250. This cost varies based on the number of documents and the extent of updates required.

At Snug, you can upload and analyze any existing documents. As part of the analysis, you’ll see key details for each document and a personalized plan to update and maintain each document.

4. Individual Document Preparation

Specific document preparation, like drafting a single will or power of attorney, can cost between $200 and $550 per document in Hawaii. The cost depends on the complexity of the document and the attorney's experience and expertise. If you already have a baseline estate plan and only need one or two new documents, this might be a good route for you. Otherwise, it is often most cost effective to prepare all documents at once.

At Snug, you can create individual documents or entire estate plans whenever you want. Any member can create a Power of Attorney and Health Care Directive for free.  A Will costs $195 and a Trust costs $500. For many families, this is a great option to get you fully covered and save some money while doing it.

5. Trust Administration

Trust administration is a multi-step process that begins after the death of the person who created the trust, known as the grantor. It involves managing and distributing the assets within the trust according to the grantor's instructions.

In Hawaii, the costs for trust administration can range from $2250 to $5650 or more, depending on the complexity of the trust and the services required. Some of the tasks that this fee might cover include:

  • Identifying and inventorying all of the trust assets: This can include real estate, bank accounts, investment accounts, personal property, and more.
  • Obtaining appraisals for assets if needed: Some assets may need to be appraised for their current market value.
  • Paying any debts or expenses of the trust: This can involve reviewing bills and invoices, making sure they are legitimate, and then paying them from the trust assets.
  • Preparing and filing any necessary tax returns: This can include both income tax and estate tax returns.
  • Distributing the remaining assets to the beneficiaries as instructed in the trust: This often involves preparing new deeds or other transfer documents and working with financial institutions to transfer ownership of accounts (Hawaii has specific laws around this).
  • Addressing any legal challenges to the trust: If someone contests the trust, the attorney may need to represent the trust in court.

6. Probate

Probate is the legal process that happens after a person dies and leaves behind a will. It involves proving the will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will directs.

In Hawaii, the cost for probate can range from $4500 to $7900 or more. The actual cost can vary greatly depending on whether the estate is simple or complex, and whether there are any legal disputes over the will or estate. Here are some of the services that might be included in this fee:

  • Filing the will with the appropriate probate court: This involves providing the original will and a certified copy of the death certificate to the court.
  • Notifying creditors and potential heirs: The law requires certain people and entities be notified of the probate proceeding.
  • Identifying, inventorying, and appraising the estate assets: This can be a significant task if the deceased person had many assets or complex assets like a business.
  • Paying estate debts and taxes: This might involve negotiating with creditors, selling assets to pay debts, and preparing and filing estate tax returns.
  • Distributing the remaining assets to the heirs: This requires preparing the proper legal documents to transfer the assets and ensuring each heir receives what they are legally entitled to.
  • Representing the estate in any legal disputes: If someone contests the will or there is a dispute over who should inherit, the attorney may need to represent the estate in court.

7. Hourly Legal Advice

For ongoing advice or assistance from an attorney, you may be charged an hourly rate. In Hawaii, an estate planning attorney typically charges between $200 and $550 per hour.

8. Flat Fee Services

Some attorneys offer flat fee services for specific tasks, such as preparing a basic will or trust. In Hawaii, an estate planning attorney typically charges between $350 and $4000 or more, depending on the complexity of the task.

9. Court Fees

If your estate planning involves court proceedings, you'll have to pay court filing fees. In Hawaii, court filing fees can range from $100 to $500 or more.

10. Notary Fees

Lastly, many estate planning documents require notarization. In Hawaii, you can expect to pay between $10 and $50 per document for notary services.

While the cost of estate planning in Hawaii can vary, it's an essential investment in your future and the future of your loved ones. Always ask for a detailed fee schedule or quote before hiring an attorney to ensure you understand the full scope of potential costs. Remember, the peace of mind that comes from knowing your estate is well-managed and your wishes will be honored is priceless.