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Is an Online Will Legal in Hawaii?

You can prepare a Hawaii will online and it will be valid, because HRS § 560:2-502 says nothing about who drafted the document or with what. What you cannot do is finish it online. Print it, sign it, and have two people sign within a reasonable time after they watched you sign or heard you acknowledge the signature or the will.

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Hawaii will.

Sign it fully remotely

Paper signing

Whether Hawaii recognizes an electronic will executed without an in-person paper signing.

What this means for you

The signing step is where online services get Hawaii wrong. HRS § 489E-3(b)(1) takes wills out of Hawaii's electronic-transactions act, so an electronically signed will is not a Hawaii will. A notary is optional; what it buys is the § 560:2-504 self-proved will, which makes probate easier. Hawaii is forgiving in two ways: an interested witness does not lose a gift (§ 560:2-505(b)), and an entirely handwritten will is valid without witnesses if the signature and material portions are in your own handwriting (§ 560:2-502(b)).

What Hawaii Law Requires

The governing law is HRS Chapter 560 (Uniform Probate Code), Article II, Part 5 (Wills, will contracts, and custody and deposit of wills), HRS §§ 560:2-501 to 560:2-517. Each rule below links to the official source it was read from.

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RequirementThe Hawaii ruleStatute
Who can make a willAge 18 or older, Sound mind.HRS § 560:2-501
Written documentRequired.HRS § 560:2-502(a)(1)
SignatureThe testator signs. The will may be signed 'in the testator's name by some other individual in the testator's conscious presence and by the testator's direction' (HRS § 560:2-502(a)(2)).HRS § 560:2-502(a)(2)
Witnesses2. The will must be 'signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (HRS § 560:2-502(a)(3)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence, only within a reasonable time after what they witnessed.HRS § 560:2-502(a)(3)
NotarizationNot required for validity. A self-proving affidavit is optional and speeds probate.HRS § 560:2-504

Signing Day in Hawaii

The will must be 'signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (HRS § 560:2-502(a)(3)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence, only within a reasonable time after what they witnessed.

Hawaii does not require witnesses to be disinterested: § 560:2-505(a) lets any individual generally competent to be a witness act as one. And § 560:2-503 can save a document that falls short of these formalities where the proponent proves by clear and convincing evidence that the decedent intended it as a will.

The self-proving step worth adding

Both forms are printed in § 560:2-504. In the simultaneous form the testator swears to being 'eighteen years of age or older, of sound mind, and under no constraint or undue influence', and the witnesses swear they sign 'in the presence and hearing of the testator'. NO CLAIM IS MADE HERE ABOUT REMOTE ONLINE NOTARIZATION of the affidavit: whether HRS § 456-23 reaches this act was not read for that purpose. Timing: Either at execution, simultaneously with attestation (HRS § 560:2-504(a)), or at any time after execution for an attested will (§ 560:2-504(b)).

Choose witnesses carefully

NONE. HRS § 560:2-505(b): 'The signing of a will by an interested witness does not invalidate the will or any provision of it, including any gift to or appointment of the witness.' Unlike states that cap a beneficiary-witness's gift at the intestate share, Hawaii leaves the gift intact.

Shortcuts Hawaii Does and Does Not Recognize

Handwritten (holographic) wills

Yes

HRS § 560:2-502(b): a will that does not comply with subsection (a) is valid as a holographic will, WHETHER OR NOT WITNESSED, if the signature and material portions of the document are in the testator's handwriting. § 560:2-502(c): intent that the document be the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document not in the testator's handwriting.

Hawaii does not require the holographic will to be dated. What is not optional is the handwriting of the signature and the material portions; a typed, unwitnessed will fails § 560:2-502(a) and (b), leaving only the clear-and-convincing route of § 560:2-503. (HRS § 560:2-502(b))

Oral wills

No

HAWAII HAS NO NUNCUPATIVE OR ORAL WILL. HRS § 560:2-502(a)(1) requires writing, and its listed exceptions are all writings (see writing.notes). The chapter 560 section index (data-pipeline/research/hi-statutes-ch560.json, 389 section files) carries no catchline containing 'nuncupative' or 'oral'. A federal court has also held that a claimed testamentary gift must be in writing under this section, with no exception to the writing requirement for testamentary gifts (731 F. Supp. 2d 1000 (2010), noted in the compilation's case notes to § 560:2-502). (HRS § 560:2-502(a)(1))

Electronic wills

No

Hawaii has NOT adopted the Uniform Electronic Wills Act, and the negative is sourced from two directions. FIRST, HRS § 489E-3(b)(1) provides that Hawaii's Uniform Electronic Transactions Act does not apply to a transaction to the extent it is governed by 'A law governing the creation and execution of wills, codicils, or testamentary trusts'. SECOND, the chapter 560 section index carries no electronic-wills provision. So § 560:2-502's writing-and-attestation formality governs, and a will that exists only as an electronically signed file is not a Hawaii will; at most a proponent could try to prove intent by clear and convincing evidence under § 560:2-503, which is litigation, not a plan. (HRS § 489E-3(b)(1) and § 560:2-502)

Remote witnessing: not recognized. None. HRS § 560:2-502(a)(3) requires each witness to have witnessed the signing or the testator's acknowledgment, and chapter 560 contains no provision letting that happen through audio-video communication.

A Will Signed in Another State

HRS § 560:2-506: a WRITTEN will is valid if executed in compliance with § 560:2-502 or § 560:2-503, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the place where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. (HRS § 560:2-506)

Keep Going

Frequently Asked Questions

Can I make my will online in Hawaii?
You can prepare a Hawaii will online and it will be valid, because HRS § 560:2-502 says nothing about who drafted the document or with what. What you cannot do is finish it online. Print it, sign it, and have two people sign within a reasonable time after they watched you sign or heard you acknowledge the signature or the will.
Does a Hawaii will need to be notarized?
No. Notarization is not required for a valid Hawaii will. The optional self-proving step under HRS § 560:2-504 makes probate easier: Both forms are printed in § 560:2-504. In the simultaneous form the testator swears to being 'eighteen years of age or older, of sound mind, and under no constraint or undue influence', and the witnesses swear they sign 'in the presence and hearing of the testator'. NO CLAIM IS MADE HERE ABOUT REMOTE ONLINE NOTARIZATION of the affidavit: whether HRS § 456-23 reaches this act was not read for that purpose.
How many witnesses does a Hawaii will need?
2. The will must be 'signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will ... or the testator's acknowledgment of that signature or acknowledgment of the will' (HRS § 560:2-502(a)(3)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence, only within a reasonable time after what they witnessed. (HRS § 560:2-502(a)(3))
Are handwritten (holographic) wills valid in Hawaii?
Yes. HRS § 560:2-502(b): a will that does not comply with subsection (a) is valid as a holographic will, WHETHER OR NOT WITNESSED, if the signature and material portions of the document are in the testator's handwriting. § 560:2-502(c): intent that the document be the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document not in the testator's handwriting. Hawaii does not require the holographic will to be dated. What is not optional is the handwriting of the signature and the material portions; a typed, unwitnessed will fails § 560:2-502(a) and (b), leaving only the clear-and-convincing route of § 560:2-503. (HRS § 560:2-502(b))
Are electronic wills legal in Hawaii?
No. Hawaii has NOT adopted the Uniform Electronic Wills Act, and the negative is sourced from two directions. FIRST, HRS § 489E-3(b)(1) provides that Hawaii's Uniform Electronic Transactions Act does not apply to a transaction to the extent it is governed by 'A law governing the creation and execution of wills, codicils, or testamentary trusts'. SECOND, the chapter 560 section index carries no electronic-wills provision. So § 560:2-502's writing-and-attestation formality governs, and a will that exists only as an electronically signed file is not a Hawaii will; at most a proponent could try to prove intent by clear and convincing evidence under § 560:2-503, which is litigation, not a plan. (HRS § 489E-3(b)(1) and § 560:2-502)
Is a will made in another state valid in Hawaii?
Generally yes, within the statute’s terms. HRS § 560:2-506: a WRITTEN will is valid if executed in compliance with § 560:2-502 or § 560:2-503, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the place where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. (HRS § 560:2-506)
SourcesOfficial references used for this page

Verified against HRS Chapter 560 (Uniform Probate Code), Article II, Part 5 (Wills, will contracts, and custody and deposit of wills), HRS §§ 560:2-501 to 560:2-517 on September 24, 2026

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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