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 affidavit | 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. Source: Haw. Rev. Stat. § 560:3-1201 |
|---|---|
| Simplified probate | 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. |
| Deadline for creditor claims | 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. |
Official forms
More Hawaii estate law
- Medical Power of Attorney 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
- Affidavit of Heirship in Hawaii
- How to Avoid Probate in Hawaii
- Transferring a Car After Someone Dies in Hawaii
- All Hawaii wills, probate and estate rules
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.