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Hawaii Revocable Living Trust Form

TheHawaii revocable living trust is created by an individual mainly for the purpose of avoiding probate after they die. The Grantor (person who creates the trust) transfers their assets into the trust and names a Trustee (often themselves) to manage them. In the event that the Grantor becomes mentally incapacitated, the Trustee (or Successor Trustee if the Grantor is also the Trustee) maintains control over the trust instead of a court-appointed conservator, which would be the case if the Grantor only had a will. Once the Grantor dies, the Beneficiaries will be able to claim assets bequeathed unto them through the Trustee (or Successor Trustee). Since a living trust does not have to go through probate, it will save the Beneficiaries time and money. Furthermore, distribution of assets within a living trust is private and assets that are bestowed upon the Beneficiaries are not made public record.

Definition – § 560:1-201

Laws – Title 30A (Probate Code)

How to Write

Step 1 – Download in Adobe PDF (.pdf), Microsoft Word (.docx), or Open Document Text (odt).

Step 2 – Provide the name of the person establishing the trust as well as the date. Both the Grantor's and the Trustee's names and addresses must be entered in the spaces provided. Under Article 1, type in the name of the Trust and declare whether this document is an amendment of a previously created living trust or if it is its own separate entity.

Step 3 – Locate Article 4, Section A and enter any property within the Trust and its corresponding inheritor.

Step 4 – Continue to Section B of Article 4 and select either the first checkbox (for personal property to be given to the Beneficiaries) or the second checkbox (if personal property is to be distributed to a specific individual). If the second checkbox was selected, the person's name, address, and Social Security must be provided.

Step 5 – To control who cares for the Grantor's pets after they die, a Pet Caretaker must be appointed. Enter this individual's name and address in the spaces provided under Section C of Article A. A second name and address should be included in case the first Pet Caretaker is unable to perform the necessary duties.

Step 6 – Part (ii) of Section C, still within Article 4, is used for setting up the funding for the Pet Caretaker. Choose either the first checkbox and enter an amount in US dollars or select the second checkbox if no funding is to be provided.

Step 7 – Part (iii) of Section C asks that someone be designated to supervise the Pet Caretakers funding so it is used solely for the care of the Grantor's pets. A name and address should be entered into the available spaces.

Step 8 – Under Article 4, Section D, enter the names, addresses, and Social Security or Tax ID numbers of up to four (4) Beneficiaries who will be granted any income and property not previously distributed.

Step 9 – Next, go to page 11 and, under Article 10, a number of months or years must be entered in order to limit the number of requests a Beneficiary can make concerning an account of property held within the Trust.

Step 10 – Under Article 13, the Grantor must appoint two (2) Successor Trustee's. Enter the names and addresses of these individuals.

Step 11 – To decide on the type of compensation the Trustees deserve, select one of the two options under Section I of Article 13; either no compensation or reasonable compensation.

Step 12 – Claims cannot be made on the Trust by anyone unless they have survived a certain number of days past the Grantor. This number should be indicated in the space provided under Article 15.

Step 13 – Under Article 17, record the marital status of the Grantor; either not married (first checkbox) or married (second checkbox). If the Grantor is married, enter their spouse's name in the field provided.

Step 14 – If the Grantor has children, their names must be written out in the blank space under Article 18.

Step 15 – Anyone the Grantor wishes to exclude from the contents of the Trust should be mentioned in Article 21.

Step 16 – Under Article 22, the Grantor, Trustee, and Successor Trustee must sign, print their name, and date the document.

Step 17 – On the page labeled "Self-Proving Affidavit," enter the State and County in which the living trust is being created. Next, the following individual's must sign and date the affidavit: