Hawaii: Every Legal, Medical, and Estate Planning Document You Need

Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Hawaii. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution

February 2, 2021

Who will be in charge of my house when I’m gone? What will happen to my social media accounts?  How do I donate my organs? We all must make these important life decisions at some point. Better to get a jump on it and plan ahead to avoid stress and confusion later. For residents of Hawaii, you’ll want to be informed about where to find the proper documents and forms unique to your state to help simplify the decision making process.

Essential Medical State Laws & Forms: Hawaii

Medical Records

Most health care providers in Hawaii must comply with the HIPAA Privacy Rule, which regulates a patient's rights to access their medical records. Although the providers technically own your medical records, you are entitled to access, amend, and obtain copies. In Hawaii, a person receives these rights once they turn 18, and their parent’s normally no longer have these rights to their child’s medical records.

Here is more information on your rights and how to obtain your medical records in Hawaii.

Read more about your medical rights and what should be included in your medical records

Hawaii Advance Directive Laws

An Advance Healthcare Directive covers what may be the toughest end-of-life decisions to be made. Examples: Do you wish to be resuscitated if your heartbeat stops? Would you like to rely on a breathing machine to keep you alive? If so, for how long? 

Planning these steps ahead of time eliminates a ton of stress and discomfort from your loved ones during these dire circumstances. Click here for Hawaii’s Advance Directive for Health Care form and information.

Hawaii Organ Donor Registry

According to the Health Resources & Services Administration, there are currently over 100,000 American men, women, and children on organ transplant waiting lists. Many are cautiously hopeful that an angel donor will provide a match for them. Hawaii has some fantastic organizations to facilitate this often life-saving procedure. Register here to donate your healthy organs and/or tissue.

Essential Hawaii Legal & Estate Planning Documents & Forms

Trusts and Probate Laws in Hawaii

In most states, the probate process is often a complex and exhaustive experience. However, Hawaii has implemented unique procedures to simplify the process and make it less painful. It is still advised that you set up a living trust so that your intentions and instructions are clear. Click here to learn more about Hawaii’s probate process and how to set up a living trust.

Hawaii Digital Estate Planning Laws

What are digital assets? Basically, all of your online accounts and activity including email, social media, blog posts, digital wallets, etc. Prior to your passing, you should appoint someone to access and control your digital assets once you are unable to do so. 

Like most states, Hawaii has modeled their digital estate planning laws from the Uniform Fiduciary Access to Digital Assets Act. This law regulates how digital assets are accessed following one’s death. Read more about Hawaii’s official enactment of the bill

How to Get a Death Certificate in Hawaii

You may find yourself in a situation where you’ll need an official death certificate to resolve a legal, financial, or estate matter. Hawaii has specific eligibility requirements for those who wish to obtain a death certificate. The cost to request a death certificate in Hawaii is:

  • $10.00 for the first copy of each certificate, and
  • $4.00 for each additional copy of the same certificate ordered at the same time.

Send mail-in applications for death certificates in Hawaii to the following address:

State Department of Health
Office of Health Status Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801

When applying by mail, the applicant must include a photocopy of his/her government-issued photo ID, such as a State ID, driver’s license, etc.

Download Request Form For Certified Copy of Death Record (Hawaii)

Hawaii Estate & Inheritance Tax

Hawaii is one of the few states that levies an estate tax but does not impose an inheritance tax. However, the estate tax is progressive and only qualifies if the gross value exceeds $5.49 million.

Also, like many other states, Hawaiian residents are subject to another state’s inheritance taxes upon receiving property from a resident from said state. Learn more about how to pay your taxes after you receive an inheritance.

Everything You Need to Know About Estate Planning in Hawaii

Hawaii has a number of unique state laws when it comes to your medical records, inheritance taxes, wills, trusts, and estate planning. Navigate the strict probate process and estate tax with confidence with your customized (and organized!) Pillar account.

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