Before You Agree to Be a Trustee in Hawaiʻi, Read This First

If a family member or friend asks you to serve as trustee of their trust after they pass, it’s natural to feel honored. But before you agree, it’s important to understand that being a trustee is more than a symbolic title — it’s a serious legal role with real responsibilities.

Many people in Honolulu and across Hawaiʻi don’t realize just how much work is involved in trust administration. Depending on the size of the estate, the types of assets, and the number of beneficiaries, your duties as trustee could be complex and time-consuming. And if you fail to meet those duties, you could face personal liability.

The good news? You don’t have to say yes — and even if you do, you don’t have to handle everything on your own.

What Does a Trustee Do?

Every trust is different, but most trustees in Hawaiʻi are responsible for:

• Identifying and gathering all trust assets

• Managing and safeguarding those assets responsibly

• Following the trust’s terms for how and when distributions are made

• Hiring professionals (such as accountants or attorneys) to help with taxes and administration

• Keeping accurate records and reporting to beneficiaries

• Communicating regularly with beneficiaries

• Closing the trust once its terms are carried out

In short, a trustee must always act in the best interests of the beneficiaries. This fiduciary duty is taken seriously under Hawaiʻi law. If you mismanage the trust, even accidentally, you could be held personally responsible.

Do You Need Special Experience to Be a Trustee?

Here’s some reassuring news: you don’t need to be an expert in law, finance, or taxes to serve as a trustee. In fact, trustees are encouraged to hire professionals for help — and the trust itself typically pays for those services.

That said, the role still requires you to be organized, honest, and diligent. Even if you have support, you’ll be the one making sure the trust is properly administered.

Compensation is another consideration. Trustees are entitled to be paid for their services, though many family members choose to decline payment beyond reimbursement for expenses.

Should You Accept the Role?

Deciding whether to serve as trustee isn’t always easy. If the person who asked you is someone close, you may feel obligated. On the other hand, the stress and responsibility might outweigh any sense of honor.

If you’re considering the role, ask yourself:

• Do I have the time and organizational skills to take this on?

• Am I comfortable making financial and legal decisions?

• Will serving cause conflict with other family members or beneficiaries?

• Am I willing to seek professional guidance when needed?

If you’re unsure, it’s always best to talk with an estate planning attorney in Hawaiʻi before accepting.

Getting Help With Trustee Duties in Honolulu and Across Hawaiʻi

Serving as a trustee can feel overwhelming — but you don’t have to navigate it alone. An experienced estate planning attorney who handles trust administration matters can guide you through each step, from gathering assets to making distributions, while helping you avoid mistakes that could lead to liability.

FAQs

Do I have to accept if I’m named as trustee?

No. You always have the right to decline. It’s better to say no than to accept and struggle with responsibilities you cannot fulfill.

Can a trustee be removed in Hawaiʻi?

Yes. In some cases, beneficiaries or the court can remove a trustee who is not fulfilling their duties.

Do trustees in Hawaiʻi get paid?

Yes. Trustees are entitled to reasonable compensation, though family members sometimes waive payment.

Do I need a lawyer if I’m serving as trustee?

While not legally required, hiring an attorney in Honolulu can help ensure you fulfill your duties properly and avoid liability.

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This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Life & Legacy Planning Session. Mention this article to learn how you can receive this $750 session at no charge.

Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.