How to Avoid Probate in Hawaii

Non-probate options in Hawaii include: transfer on death deeds for real estate, recorded with the Bureau of Conveyances or Land Court before death (Haw. Rev. Stat. ch. 527); joint and payable-on-death accounts, which belong to the surviving party or POD payee (Haw. Rev. Stat. § 560:6-104); transfer-on-death registration of securities (Haw. Rev. Stat. ch. 539); jointly owned vehicles, which the survivor can transfer; property in a funded revocable trust (Haw. Rev. Stat. § 554D-602); and the small estate affidavit for estates of $100,000 or less (vehicles can be transferred regardless of value) (Haw. Rev. Stat. § 560:3-1201).

Yes, for personal property. A successor can collect money owed to the decedent and the decedent's personal property by giving the holder a death certificate and an affidavit stating that the gross value of the decedent's Hawaii estate does not exceed $100,000 (motor vehicles can be transferred regardless of value), that no petition for a personal representative is pending or granted in Hawaii, and that the successor is entitled to the property. The statute does not set a waiting period. Real estate is not covered by the affidavit.

Yes. Hawaii's Uniform Real Property Transfer on Death Act allows a transfer on death deed. The owner must have the same capacity as needed to make a will; the deed must have the formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the Bureau of Conveyances (or filed with the Land Court assistant registrar, for Land Court property) before the owner's death. Notice to, delivery to, or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument (not by tearing it up).