Serving families on Oʻahu and throughout Hawaiʻi

Trust Administration in Hawaiʻi

Trust administration is the process of managing a trust under its terms and Hawaiʻi law, whether that means settling a trust after a death or managing one that continues for years. Trustees have legal duties to the beneficiaries, including following the trust’s terms, managing trust property prudently, keeping records and keeping beneficiaries informed. 808 Estate & Elder Law advises successor and ongoing trustees on Oʻahu and throughout Hawaiʻi on their duties and the decisions in front of them.

Settling an estate through the court? See Probate.

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Is this you?

A parent or spouse has died and you’re now the successor trustee of their trust.
You’re the trustee of an ongoing trust, such as a special needs trust or a trust for children or grandchildren.
A beneficiary is asking for information or questioning your decisions.
You need to make a significant decision, such as selling property or making a distribution.
You’re a beneficiary and want to understand what the trustee must do.
You want to step down, or you’re unsure whether to accept the role at all.

What’s included

Taking over as trustee: reviewing the trust, taking control of trust property and understanding your first steps.
Duties explained: loyalty, prudence, impartiality, recordkeeping and keeping beneficiaries informed.
Decision support: advice on your legal duties before selling property, making a distribution or taking another significant step.
Reporting to beneficiaries: what information beneficiaries are entitled to, and how to respond to their requests.
Settling a trust after a death: guidance on paying debts and expenses and making final distributions under the trust’s terms.
Resignation and succession: stepping down or transferring the role properly.

How it works

Initial consultation

A short conversation about your situation and how we can help.

Engagement

If we’re a good fit, you receive an engagement agreement before work begins that sets out the fees and exactly what we’ll handle.

Administration

We review the trust, advise you on the decisions along the way, and prepare legal documents within the scope of your engagement.

Malia I. Alexander, Certified Elder Law Attorney (National Elder Law Foundation)

Why work with Malia

Malia I. Alexander has done the work of a trustee firsthand, making the decisions while also serving as the attorney. She knows the role from the inside: the paperwork, the questions from beneficiaries and the judgment calls.

Certified Trust & Fiduciary Advisor

Certified Elder Law Attorney
National Elder Law Foundation

The Supreme Court of Hawaiʻi grants Hawaiʻi certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.

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Common Questions

Do I need to go to court to administer a trust?

Usually not. Trust administration generally happens without court supervision, unless a dispute arises or the court’s instructions are needed. Property left outside the trust may need to go through probate.

What are a trustee’s main duties in Hawaii?

A trustee must follow the trust’s terms, act in the beneficiaries’ interests rather than their own, manage property prudently, keep accurate records, and keep beneficiaries reasonably informed.

How long does trust administration take?

It’s common for settling a trust after a death to take a year or longer, depending on the property involved, tax filings, whether real estate needs to be sold, and how well the beneficiaries work together. An ongoing trust lasts as long as its terms require.

Can a trustee be personally liable?

Yes. A trustee who breaches their duties can be held personally responsible for losses.

Can a trustee be paid?

Usually, yes. Trustees are generally entitled to reasonable compensation and reimbursement of expenses unless the trust says otherwise.

Do I have to accept the role of trustee?

No. You can decline before accepting. If you’ve already accepted, there are proper ways to resign.

I’m a beneficiary. Can you help me?

Yes. We can explain what the trustee is required to do and review whether the administration is on track.

Serving as a trustee and not sure what comes next?

Initial consultations are complimentary (see consultation terms).

Request a Consultation

Opens a short form on our intake page. We aim to reply within two business days. Prefer to talk? Call (808) 215-6888.