Hawaii Small Estate Affidavit
In Hawaii an heir can use a small estate affidavit to collect a decedent's personal property when the gross value of the estate in Hawaii does not exceed $100,000, with no waiting period after death (HRS Section 560:3-1201). Attorney review available.
Introduction
Unlike most states, Hawaii attaches no waiting period to its small estate affidavit, the sworn statement a successor uses to collect a decedent's personal property without full probate, so a qualifying successor can act as soon as the estate meets the limit. In Hawaii it is used under Hawaii Revised Statutes Section 560:3-1201 by a claimed successor of the decedent, who presents the signed affidavit, together with a death certificate, directly to the bank, employer, or other person holding the asset. The affidavit is available when the gross value of the decedent's estate in the State of Hawaii does not exceed $100,000, and any motor vehicles registered in the decedent's name may be transferred regardless of value. Unlike most states, 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. The affiant swears that no application or petition for the appointment of a personal representative is pending or has been granted in Hawaii and that the affiant is entitled to the property. The Hawaii affidavit reaches personal property only; a Hawaii estate that includes real property or exceeds $100,000 is handled through court administration, including the clerk administration for estates of $100,000 or less under Hawaii Revised Statutes Section 560:3-1205. DocDraft builds your Hawaii small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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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.
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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).
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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).
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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.
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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).
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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.
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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.
Key decisions before you file
Before you file a Small Estate Affidavit in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Hawaii in about a minute, and notarize it online through DocDraft if it does.
Hawaii Requirements for Small Estate Affidavit
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.
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.
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).
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.
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.
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.
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).
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.
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It is a sworn statement that lets a decedent's heir or successor collect the decedent's personal property, such as a bank account, final wages, or a vehicle, without opening a full probate case. In Hawaii the affiant uses Hawaii Revised Statutes Section 560:3-1201, swears that the gross value of the decedent's estate in Hawaii does not exceed $100,000, and presents the signed affidavit with a death certificate to whoever holds the asset. It is usually the fastest, cheapest way to settle a small Hawaii estate.
Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and it can take many months. A small estate affidavit skips that process for qualifying estates: under Hawaii Revised Statutes Section 560:3-1201 the successor signs a sworn affidavit and collects the personal property directly, with no court appointment. The affidavit is available only when the gross value of the decedent's estate in Hawaii does not exceed $100,000 and no personal representative is pending or has been granted in Hawaii.
The gross value of the decedent's estate in the State of Hawaii must 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 registered in the decedent's name are treated separately and may be transferred regardless of value, so they do not count against the $100,000 limit.
No. 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 is unusual: most states require a wait of about 30 to 45 days. In Hawaii the conditions are the $100,000 gross-value limit, that no personal representative is pending or has been granted in Hawaii, and that the affiant is a successor entitled to the property, along with presenting a death certificate.
No. The Hawaii Revised Statutes Section 560:3-1201 affidavit reaches personal property only, both tangible property and intangibles such as debts, stock, and other interests. Hawaii has no small-value real-property affidavit. Real property in a Hawaii estate is handled through court administration, such as the summary administration under Section 560:3-1203 or the clerk administration for estates of $100,000 or less under Section 560:3-1205, so an estate with land is handled differently from one with only accounts.
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). A death certificate for the decedent must be presented with the affidavit. The Department of Human Services may also file where it has a claim under Hawaii Revised Statutes Section 346-15 or 346-37, and its affidavit has priority over any other claim under this section.
A Hawaii affidavit is presented directly to the person or institution holding the asset, such as a bank or transfer agent, 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). The affidavit is signed under oath, and a successor who receives the property remains accountable to any personal representative later appointed and to anyone with a superior right. An affidavit should never be signed if the facts are uncertain.
If the gross value of the decedent's estate in Hawaii is more than $100,000, or the estate includes real property, the affidavit is not available. The estate then goes through 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. When a Hawaii estate is near the limit or includes land, it is worth confirming the right process before signing anything.