Updated September 4, 2026. Quick answer: Hawaii has no percentage fee schedule for probate attorneys. HRS §560:3-719 entitles the personal representative to reasonable compensation, and §560:3-721 lets the court review the reasonableness of what an attorney was paid, but under Hawaii Probate Rule 41 that review only happens if an interested person actually objects; absent an objection, the fee is not reviewed by default at all.
No attorney percentage anywhere in Hawaii’s probate code
Hawaii’s Uniform Probate Code, HRS Title 30A Chapter 560, sets no percentage fee schedule for probate attorneys, mandatory or elective. HRS §560:3-719 provides only that a personal representative is entitled to reasonable compensation for the personal representative’s services, and §560:3-721 extends that reasonable-compensation concept to attorneys by authorizing court review of the propriety of employment and the reasonableness of compensation of any attorney the personal representative hires, with excess compensation subject to refund.
Review only happens if someone objects
Hawaii Probate Rule 40(a) states that a fiduciary may pay fees for services of a fiduciary, attorney, or other professional not set by statute so long as the fees are just and reasonable, tested by the complexity of the matter, the experience and expertise required, the amount of time spent, and what others charge in similar situations. Probate Rule 41’s own commentary makes the practical point explicit: under Hawaii’s probate code, the fees of an attorney or fiduciary are not subject to court review unless a party objects to the fees and review is sought. When a review is sought or an objection is filed, the attorney must file a sworn affidavit itemizing the amount and basis of the fees.
The genuine Hawaii-specific trap: a real percentage schedule exists, but only for trustees
Hawaii does have an actual statutory percentage fee, HRS §607-18, which sets trustee compensation at rates including 1% on inception of a trust and 5% of trust income annually. That statute governs trustees administering a trust, not personal representatives administering a decedent’s estate, and the Probate Rule 39 commentary explicitly distinguishes the two, noting that all other fees, meaning PR and attorney fees, are subject to the reasonableness standard in Rule 40. Anyone comparing a percentage figure for Hawaii probate should check whether it is describing a trust or an estate before treating it as applicable.
The rest of the arithmetic: Hawaii probate cost.
How the fee models compare across all 51 jurisdictions: probate cost by state, and the national picture on what a probate attorney costs.
Statutory text read at each state’s own legislature or official code publisher. General information, not legal advice; fee statutes change and a court retains the final say on what is reasonable.
The attorney fee above is separate from what the court itself charges just to open the case, see the Hawaii probate filing fee.