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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 heirshipNo 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 without a willSurviving 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

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.