All Laws Decoded

Small Estate Affidavit in Hawaii

How to collect a loved one's property in Hawaii without full probate: the dollar limit, waiting period and official form.

Short answer: 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… Haw. Rev. Stat. § 560:3-1201

Small estate affidavitYes, 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.
Simplified probateIf the decedent's Hawaii property is worth $100,000 or less and no personal representative has been appointed, the court may authorize the clerk of the circuit court to administer the estate on a verified petition, without notice or hearing at the court's discretion. Separately, if the inventory shows the estate (less liens) does not exceed the family allowances, exempt property, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close by sworn statement. Informal (unsupervised) probate through the probate registrar is also available.
Deadline for creditor claimsIf notice to creditors is published, claims arising before death must be presented within 4 months after the first publication, or within 60 days after a mailed or delivered notice to a known creditor, whichever is later. If no notice is published or served, claims are barred 18 months after death.

Official forms

More Hawaii estate law

FAQ

What is the small estate limit in Hawaii?
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.
Is there a simplified probate process in Hawaii?
If the decedent's Hawaii property is worth $100,000 or less and no personal representative has been appointed, the court may authorize the clerk of the circuit court to administer the estate on a verified petition, without notice or hearing at the court's discretion. Separately, if the inventory shows the estate (less liens) does not exceed the family allowances, exempt property, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close by sworn statement. Informal (unsupervised) probate through the probate registrar is also available.
How long do creditors have to file claims against an estate in Hawaii?
If notice to creditors is published, claims arising before death must be presented within 4 months after the first publication, or within 60 days after a mailed or delivered notice to a known creditor, whichever is later. If no notice is published or served, claims are barred 18 months after death.

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.