Hawaii Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   Hawaii is unusual in setting no waiting period: under Hawaii Revised Statutes Section 560:3-1201 a successor can immediately present a sworn small estate affidavit to collect the decedent's personal property, as long as the estate's gross value stays at or under $100,000.

2. 2

   The affidavit is available when the gross value of the decedent's estate in the State of Hawaii does not exceed $100,000 (Hawaii Revised Statutes Section 560:3-1201).

3. 3

   Any motor vehicles registered in the decedent's name may be transferred regardless of value and are not counted toward the $100,000 limit (Hawaii Revised Statutes Section 560:3-1201).

4. 4

   Hawaii sets no waiting period. Section 560:3-1201 does not require any number of days to pass after death before the affidavit may be used, which differs from most states.

5. 5

   A death certificate for the decedent must be presented together with the affidavit, and the affiant swears that no application or petition for a personal representative is pending or has been granted in Hawaii (Hawaii Revised Statutes Section 560:3-1201).

6. 6

   The Hawaii affidavit reaches personal property only, both tangible property and intangibles such as debts, stock, and other interests; it does not transfer real property.

7. 7

   The successor presents the signed affidavit directly to the person holding the asset rather than filing it with a court. A Hawaii estate with real property or worth more than $100,000 uses court administration, including the clerk administration for estates of $100,000 or less under Section 560:3-1205.

Hawaii Requirements for Small Estate Affidavit

• No Statutory Waiting Period

  Hawaii sets no waiting period. Hawaii Revised Statutes Section 560:3-1201 does not require any number of days to pass after death before the affidavit may be used, which differs from most states, where a wait of about 30 to 45 days applies.

• $100,000 Qualifying Value Limit

  The affidavit is available when the gross value of the decedent's estate in the State of Hawaii does not exceed $100,000 (Hawaii Revised Statutes Section 560:3-1201). This is a fixed statutory figure that is not adjusted for inflation.

• Motor Vehicles Transfer Regardless of Value

  Any motor vehicles registered in the decedent's name may be transferred regardless of value and are not counted toward the $100,000 limit (Hawaii Revised Statutes Section 560:3-1201).

• Personal Property Only

  The Hawaii affidavit reaches personal property only, both tangible property and intangibles such as debts, stock, and other interests (Hawaii Revised Statutes Section 560:3-1201). It does not transfer real property, and Hawaii has no small-value real-property affidavit.

• Death Certificate Presented With the Affidavit

  A death certificate for the decedent must be presented together with the affidavit (Hawaii Revised Statutes Section 560:3-1201). The affiant also swears that no application or petition for the appointment of a personal representative is pending or has been granted in Hawaii.

• Who May Be the Affiant

  The affidavit is made by or on behalf of a claimed successor of the decedent, who must explain their relationship to the decedent (Hawaii Revised Statutes Section 560:3-1201). The Department of Human Services may file where it has a claim under Section 346-15 or 346-37, and its affidavit has priority over any other claim under this section.

• Presented to the Asset Holder, Not Filed

  The Hawaii affidavit is presented directly to the person or institution holding the asset, not filed with a court. The holder then pays or delivers the property and changes any registered ownership to the successor (Hawaii Revised Statutes Section 560:3-1201).

• Larger Estates Use Court Administration

  A Hawaii estate that includes real property or exceeds $100,000 uses court administration. Hawaii offers a clerk administration for estates of $100,000 or less under Hawaii Revised Statutes Section 560:3-1205 and a summary administration under Section 560:3-1203 once a personal representative is appointed. Do not sign the affidavit if the facts are uncertain.