Affidavit of Heirship in Hawaii
Whether Hawaii lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. Hawaii has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Haw. Rev. Stat. §§ 560:3-1201, 560:3-1205
| Affidavit / determination of heirship | No statute. Hawaii has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate in the decedent's sole name passes through probate (informal or formal), the clerk-administered procedure for Hawaii estates of $100,000 or less, or a transfer on death deed. |
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| Who inherits without a will | Surviving spouse or reciprocal beneficiary takes: the entire estate if the decedent left no descendants and no parent, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $400,000 plus three-fourths of the rest if there are no descendants but a parent survives; the first $330,000 plus one-half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $220,000 plus one-half of the rest if any of the decedent's descendants are not the spouse's. Whatever does not go to the spouse passes to descendants by representation; if none, to parents; then to siblings and their descendants, and then more distant relatives. The spouse's dollar amounts were amended in 2023 (L 2023, c 158). |
More Hawaii estate law
- Medical Power of Attorney in Hawaii
- Small Estate Affidavit in Hawaii
- Power of Attorney in Hawaii
- Quitclaim Deeds and Transferring Property in Hawaii
- Who Inherits If You Die Without a Will in Hawaii
- How to Make a Valid Will in Hawaii
- How Probate Works in Hawaii
- Living Wills and Advance Directives in Hawaii
- Revocable Living Trusts in Hawaii
- Executor Duties in Hawaii
- Letters Testamentary in Hawaii
- How to Avoid Probate in Hawaii
- Transferring a Car After Someone Dies in Hawaii
- All Hawaii wills, probate and estate rules
FAQ
Does Hawaii have an affidavit of heirship?
No statute. Hawaii has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate in the decedent's sole name passes through probate (informal or formal), the clerk-administered procedure for Hawaii estates of $100,000 or less, or a transfer on death deed.
Who inherits if someone dies without a will in Hawaii?
Surviving spouse or reciprocal beneficiary takes: the entire estate if the decedent left no descendants and no parent, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $400,000 plus three-fourths of the rest if there are no descendants but a parent survives; the first $330,000 plus one-half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $220,000 plus one-half of the rest if any of the decedent's descendants are not the spouse's. Whatever does not go to the spouse passes to descendants by representation; if none, to parents; then to siblings and their descendants, and then more distant relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.