Hawaii is a reasonable-compensation state rather than a percentage-commission state: HRS § 560:3-719 says a personal representative is entitled to reasonable compensation for the personal representative's services, and names no rate, tier or schedule.
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What the Calculator Uses in HawaiiThe method behind the estimate, and what it leaves out
Hawaii has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. A personal representative is entitled to reasonable compensation for the personal representative's services under HRS § 560:3-719. A compensation provision in the will governs unless the personal representative renounces it before qualifying, and a written renunciation of all or part of the fee may be filed with the court. No dollar figure here is a court order, and the $215 filing fee, attorney fees, any bond premium, publication of a notice to creditors, recording charges and the Hawaii estate tax are all separate.
The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.
What affects the feeOrdinary rules, extraordinary services, and tax consequences
Ordinary Fee Rule
The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.
Extraordinary Services
Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.
Tax Consequences
Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.
What to Compare Alongside CompensationTotal administration cost, the executor role, and court contacts
The fee only makes sense in context. If the estate is simple, the ordinary compensation may be easy to estimate. If the estate has title problems, creditor disputes, or tax issues, total administration cost and effort may matter more than the baseline executor figure.
Whatever is reasonable for the work actually done, not a share of the estate. HRS § 560:3-719 entitles a personal representative to reasonable compensation for the personal representative's services and names no figure, no rate and no tier. Hawaii publishes no statutory schedule, so nothing here can be computed from an estate value, and any Hawaii rate presented as the executor fee is local custom or a private fee agreement rather than the law. Keep records of what was handled and how long it took, because those records are what show a request is reasonable.
What if the will already sets the fee in Hawaii?
The will governs, and getting out of it has a deadline. Under HRS § 560:3-719, where a will provides for compensation of the personal representative and there is no contract with the decedent about compensation, the personal representative may renounce the will's provision BEFORE QUALIFYING and be entitled to reasonable compensation instead. Read the compensation clause before accepting the appointment, because once the personal representative qualifies, the chance to renounce the will's provision under § 560:3-719 has passed. Where a contract with the decedent controls compensation, that contract governs instead.
Can a Hawaii personal representative give up the fee?
Yes, in whole or in part. HRS § 560:3-719 lets a personal representative renounce the right to all or any part of the compensation, and a written renunciation of fee may be filed with the court. Someone who is also the main beneficiary often does this, because the same money then reaches them as an inheritance rather than as income. Put the choice in writing and file it rather than leaving it as an understanding among the family, since it changes the tax picture and what the other beneficiaries expect.
Are attorney fees separate from the executor fee in Hawaii?
Yes. They are two charges, and Hawaii sets no percentage for either. After an informal probate, the written information the applicant sends to the heirs and devisees must include notice that attorney fees incurred on behalf of the estate will be reviewed by the probate court only if an interested person requests such a review (HRS § 560:3-306(c)). So the attorney fee is agreed between the client and the lawyer, and the court looks at it when someone asks. Both are separate from the court filing fee, which is $215 collected once to open a Hawaii estate: the $100 probate fee of HRS § 607-5(b)(14), the $50 administrative fee of § 607-5(c)(32) and the $65 surcharge of § 607-5.7(a)(2).
Is the clerk's small-estate fee the same thing as executor pay in Hawaii?
No, and mixing them up is a common mistake. When the clerk of the circuit court administers an estate of property in Hawaii of $100,000 or less under HRS § 560:3-1205, the proceedings are free of ordinary court costs, and § 560:3-1211 charges actual expenses plus a fee of three per cent of the market value of the first $100,000 of the gross estate, paid into the State treasury. That fee goes to the State for the clerk's work, not to a family member serving as personal representative, and it is not a Hawaii rate for executors. Trustee compensation under HRS § 607-18 is a third, separate statute for a different fiduciary.
Is executor compensation taxable in Hawaii?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. That difference often decides whether taking the fee actually leaves a family member better off, because the same money frequently reaches them either way. Review the income-tax and estate-accounting effects before taking the fee or filing a written renunciation of it.
When is the fee paid in a Hawaii estate?
Out of estate assets as an expense of administration, before what is left is distributed. That ordering matters in one Hawaii procedure in particular. The HRS § 560:3-1203 summary administration measures the whole estate, less liens and encumbrances, against the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary last-illness medical and hospital expenses, so the personal representative's compensation sits on the side of the ledger that can qualify a small estate for distribution without creditor notice.
Is the person in charge called an executor or a personal representative in Hawaii?
Hawaii uses personal representative as the governing term, and people still say executor. The Hawaii Uniform Probate Code in HRS chapter 560 speaks of the personal representative throughout, which covers both a person named in a will and a person the court or registrar appoints without one, and § 560:3-719 is titled compensation of personal representative. Whichever word the family uses, the same reasonable-compensation rule applies. The case itself is heard by the circuit court of the judicial circuit where the decedent was domiciled (HRS § 560:3-201(a)(1)).
Official Sources and Further ReadingOfficial references used for this page
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Hawaii can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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Reasonable compensation under HRS § 560:3-719
Hawaii sets no percentage of any kind for a personal representative or an estate attorney. HRS § 560:3-719 entitles a personal representative to reasonable compensation for the personal representative's services, and names no rate, tier or schedule. Where the will provides for compensation and there is no contract with the decedent about it, § 560:3-719 lets the personal representative renounce that provision before qualifying and take reasonable compensation instead, and that is the deadline: once qualified, the will's provision governs. A written renunciation of all or part of the fee may be filed with the court. Under HRS § 560:3-721 the court may review the reasonableness of the compensation the personal representative set for the personal representative's own services, and order a refund of anything excessive.
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Enter the estate value as context for a Hawaii reasonableness review, not as a statutory fee base. Hawaii publishes no percentage and no fee table, so no figure is computed from this number.