Settling an Estate in Hawaii
Reviewed by DocDraft Legal Team · Hawaii · Last updated August 27, 2026
Hawaii has no county probate court. Estates are heard by the Circuit Court of the judicial circuit where the decedent was domiciled at death, through probate divisions sitting in the First Circuit on Oahu, the Second on Maui, the Third on Hawaii Island, and the Fifth on Kauai. Hawaii's probate code is chapter 560 of the Hawaii Revised Statutes, and it supplies two separate small estate routes that both stop at $100,000: an affidavit for personal property under HRS 560:3-1201, and an administration by the clerk of the court under HRS 560:3-1205. Creditors are cut off four months after the first publication of the notice to creditors under HRS 560:3-803, and eighteen months after death if no notice is ever published. Hawaii is also one of a minority of states that still levies its own estate tax, at a threshold far below the federal one, which makes the tax analysis matter in estates that would owe nothing to the IRS.
Find out where you stand in Hawaii
Where are you in settling the estate?
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Is probate always required in Hawaii?
No. Property held in joint tenancy or tenancy by the entirety, accounts with a payable on death beneficiary, life insurance and retirement plans naming a living beneficiary, and assets titled in a revocable trust all pass outside probate. Hawaii also offers an affidavit route and a clerk administered small estate route under chapter 560.
Which court handles probate in Hawaii?
The Circuit Court of the judicial circuit where the decedent was domiciled at death. Hawaii has no separate probate court and no county probate office. The Circuit Courts run probate divisions in the First Circuit on Oahu, the Second on Maui, the Third on Hawaii Island, and the Fifth on Kauai.
What is the small estate limit in Hawaii?
Hawaii sets it at $100,000 under HRS 560:3-1201. A successor may collect personal property by affidavit where the gross value of the decedent's estate in Hawaii does not exceed that sum, and registered motor vehicles transfer regardless of value. The affidavit reaches personal property only. Real estate is outside it and needs the court.
How long does probate take in Hawaii?
A full administration commonly runs 9 to 18 months. The floor is set by HRS 560:3-803, which bars claims four months after first publication of the notice to creditors, so the estate cannot safely close before that period ends. Contested matters, real property sales, and estate tax filings extend it.
Two $100,000 routes, a four month claim bar, and a state estate tax at $5.49 million
Hawaii puts probate in the Circuit Court rather than in a dedicated probate court, so the file opens in the judicial circuit of the decedent's domicile: the First Circuit on Oahu, the Second on Maui, the Third on Hawaii Island, or the Fifth on Kauai. Hawaii has no Fourth Circuit. Chapter 560 of the Hawaii Revised Statutes supplies two small estate routes that stop at the same number but do very different work. HRS 560:3-1201 lets a successor collect personal property by presenting a death certificate and an affidavit stating that the gross value of the decedent's estate in Hawaii does not exceed $100,000, with registered motor vehicles transferable regardless of value. Because that section is titled collection of personal property by affidavit and reaches only tangible and intangible personal property, it does nothing for a house or a condominium, which is the single most common misreading of the Hawaii threshold. HRS 560:3-1205 is the other route: where property in Hawaii totals no more than $100,000 and no personal representative has been appointed, the clerk of the Circuit Court may be authorized to administer the estate as personal representative, and the court may enter that order without notice or hearing. On the claims side, HRS 560:3-801 makes publication permissive rather than mandatory, but it is publication that starts the clock. Notice runs once a week for two successive weeks in a newspaper of general circulation in the judicial circuit, and HRS 560:3-803 then bars claims four months after the first publication, or sixty days after mailed notice to a known creditor if that falls later. Skip publication entirely and claims stay alive for eighteen months from the date of death, which is why an estate that never publishes cannot be closed quickly. Hawaii is not a community property state. A surviving spouse takes an intestate share under HRS 560:2-102, and Hawaii extends the same inheritance treatment to a registered reciprocal beneficiary, a status unique to Hawaii law. Finally, Hawaii imposes its own estate tax under chapter 236E, with an exclusion of $5,490,000 reported on Form M-6, so a family well under the federal exclusion can still owe Hawaii.
Relevant Laws
HRS 560:3-1201 (Collection of personal property by affidavit)
Allows a person holding property of the decedent to deliver it to the successor on presentation of a death certificate and an affidavit stating that the gross value of the decedent's estate in Hawaii does not exceed $100,000, with motor vehicles registered in the decedent's name transferable regardless of that limit. By its terms it reaches tangible and intangible personal property, so real estate cannot be transferred under it.
HRS 560:3-1205 (Estates of $100,000 or less, clerk of court to administer)
Where a decedent leaves property in Hawaii of a total value not exceeding $100,000 and no personal representative has been appointed in the State, the court may authorize the clerk of the Circuit Court for the circuit of the decedent's residence or domicile to administer the estate as personal representative. The order may be made without notice or hearing at the court's discretion, and the clerk may not act where the value exceeds $100,000.
HRS 560:3-803 (Limitations on presentation of claims)
Bars claims not presented within four months after the date of the first publication of the notice to creditors given under HRS 560:3-801, or within sixty days after mailing or delivery of written notice to a known creditor, whichever period expires later. Where no notice has been published or delivered, claims are barred eighteen months after the decedent's death. The publication itself runs once a week for two successive weeks in a newspaper of general circulation in the judicial circuit.
HRS 560:2-102 (Share of spouse or reciprocal beneficiary)
This section fixes the intestate share of a surviving spouse according to whether the decedent left surviving parents or descendants and whether those descendants are also the survivor's, and Hawaii uniquely applies the same rule to a registered reciprocal beneficiary.
Regional Variances
Hawaii administration tracks by estate size
Personal property only, gross Hawaii value $100,000 or less
Affidavit for collection of personal property under HRS 560:3-1201. No personal representative is appointed and no court file opens, so there is no publication and no four month bar; the eighteen month limit in HRS 560:3-803 is what governs instead. Registered motor vehicles transfer regardless of value. Real property cannot move under this section.
Total Hawaii property $100,000 or less, no representative appointed
Clerk administration under HRS 560:3-1205. The clerk of the Circuit Court for the circuit of the decedent's residence or domicile is authorized to collect the property and administer the estate as personal representative, on the verified petition of the clerk or any interested person. The order may issue without notice or hearing. No bond question arises because no private fiduciary is appointed.
Above $100,000, will uncontested and heirs in agreement
Informal probate and informal appointment through the registrar under HRS 560:3-301, in the Circuit Court of the decedent's domicile. Under HRS 560:3-603 no bond is required of a personal representative appointed in informal proceedings unless the will expressly requires one, a special administrator's bond is requested and the court is satisfied it is desirable, or bond is required under HRS 560:3-605. Publication starts the four month claim bar.
Contested, or court supervision wanted
Formal testacy and appointment proceedings before a Circuit Court judge, and supervised administration where ordered. The judge resolves the validity of the will and the priority for appointment, and a supervised representative returns to court for authority that an informally appointed one exercises alone. The four month claim bar in HRS 560:3-803 applies the same way once notice is published.
Hawaii deadlines, courts, and mechanics
Which circuit holds the file
The Circuit Court of the judicial circuit where the decedent was domiciled at death: First Circuit on Oahu, Second on Maui, Third on Hawaii Island, Fifth on Kauai. Hawaii has no Fourth Circuit and no county level probate court, so there is no county clerk step of the kind found on the mainland.
Creditor claims
Four months from the date of first publication of the notice to creditors, or sixty days after mailing or delivery of written notice to a known creditor if later, under HRS 560:3-803. Publication under HRS 560:3-801 is permissive, but without it claims survive for eighteen months after death. Notice runs once a week for two successive weeks in a newspaper of general circulation in the circuit.
Inventory
Within three months after appointment the personal representative prepares and files or mails an inventory under HRS 560:3-706, listing each item with reasonable detail, its fair market value as of the date of death, and the type and amount of any encumbrance. The Hawaii inventory may be sent to interested persons rather than always filed with the court.
State estate tax
Hawaii levies its own estate tax under chapter 236E with an applicable exclusion of $5,490,000, reported to the Department of Taxation on Form M-6 and generally due nine months after death. Because that threshold sits well below the federal exclusion, the tax question has to be run separately in Hawaii rather than assumed away.
Real property and Land Court
Hawaii real property is not transferable by the HRS 560:3-1201 affidavit. It moves through an administration, and title work depends on whether the parcel is recorded in the Bureau of Conveyances regular system or registered in Land Court, which has its own filing requirements and timing.
Suggested Compliance Checklist
Identify the judicial circuit and confirm which chapter 560 route fits
Weeks 1-2 days after startingFix the decedent's domicile at death to determine the circuit: First on Oahu, Second on Maui, Third on Hawaii Island, Fifth on Kauai. Then separate the probate estate from survivorship and beneficiary designated assets and compare it against the $100,000 ceilings in HRS 560:3-1201 and HRS 560:3-1205. Note whether any Hawaii real property is involved, because that rules out the affidavit.
Prepare the affidavit for collection of personal property if eligible
Weeks 2-6 days after startingWhere the gross value of the decedent's estate in Hawaii is $100,000 or less and consists of personal property, prepare the affidavit under HRS 560:3-1201 and present it with a certified death certificate to each holder of the asset. Registered motor vehicles transfer regardless of value. Do not attempt to reach real estate with this document, and remember that the eighteen month claim limit still applies.
Publish the notice to creditors to start the four month bar
Promptly after appointment days after startingArrange publication once a week for two successive weeks in a newspaper of general circulation in the judicial circuit under HRS 560:3-801, and mail written notice to every creditor actually known. Publication is permissive in form but it is what triggers the four month bar in HRS 560:3-803. Without it, claims stay open for eighteen months after death and the estate cannot close.
Prepare the inventory within three months of appointment
Within 3 months of appointment days after startingUnder HRS 560:3-706 the personal representative prepares and files or mails an inventory within three months after appointment, listing property owned at death in reasonable detail with fair market value as of the date of death and the type and amount of any encumbrance. Appraisals for real property and closely held interests support both the inventory and the chapter 236E analysis.
Run the Hawaii estate tax test before distributing anything
Before distribution, Form M-6 generally within 9 months of death days after startingCompare the gross estate plus adjusted taxable gifts against Hawaii's $5,490,000 exclusion under chapter 236E and determine whether Form M-6 must be filed with the Department of Taxation. Consider filing even below the threshold to elect portability of the unused exclusion to a surviving spouse. Hold a reserve until both the tax position and the claim bar are resolved, since early distribution can expose the representative personally.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the judicial circuit and confirm which chapter 560 route fits | Fix the decedent's domicile at death to determine the circuit: First on Oahu, Second on Maui, Third on Hawaii Island, Fifth on Kauai. Then separate the probate estate from survivorship and beneficiary designated assets and compare it against the $100,000 ceilings in HRS 560:3-1201 and HRS 560:3-1205. Note whether any Hawaii real property is involved, because that rules out the affidavit. | - | Weeks 1-2 |
| Prepare the affidavit for collection of personal property if eligible | Where the gross value of the decedent's estate in Hawaii is $100,000 or less and consists of personal property, prepare the affidavit under HRS 560:3-1201 and present it with a certified death certificate to each holder of the asset. Registered motor vehicles transfer regardless of value. Do not attempt to reach real estate with this document, and remember that the eighteen month claim limit still applies. | small-estate-affidavit | Weeks 2-6 |
| Publish the notice to creditors to start the four month bar | Arrange publication once a week for two successive weeks in a newspaper of general circulation in the judicial circuit under HRS 560:3-801, and mail written notice to every creditor actually known. Publication is permissive in form but it is what triggers the four month bar in HRS 560:3-803. Without it, claims stay open for eighteen months after death and the estate cannot close. | - | Promptly after appointment |
| Prepare the inventory within three months of appointment | Under HRS 560:3-706 the personal representative prepares and files or mails an inventory within three months after appointment, listing property owned at death in reasonable detail with fair market value as of the date of death and the type and amount of any encumbrance. Appraisals for real property and closely held interests support both the inventory and the chapter 236E analysis. | asset-inventory | Within 3 months of appointment |
| Run the Hawaii estate tax test before distributing anything | Compare the gross estate plus adjusted taxable gifts against Hawaii's $5,490,000 exclusion under chapter 236E and determine whether Form M-6 must be filed with the Department of Taxation. Consider filing even below the threshold to elect portability of the unused exclusion to a surviving spouse. Hold a reserve until both the tax position and the claim bar are resolved, since early distribution can expose the representative personally. | - | Before distribution, Form M-6 generally within 9 months of death |
Frequently Asked Questions
Yes, and this is where Hawaii diverges most sharply from states that repealed theirs. Hawaii taxes estates under chapter 236E of the Hawaii Revised Statutes, and the Department of Taxation sets the applicable exclusion at $5,490,000, reported on Form M-6 and generally due nine months after the date of death. That figure is far below the federal exclusion, so a Hawaii estate can owe nothing federally and still owe Hawaii. A return may also be worth filing to elect portability of the unused exclusion to a surviving spouse.
Yes. The claim bar in HRS 560:3-803 protects the estate only after the four month period following first publication has run, or after eighteen months from death where no notice was published. A representative who hands assets to the beneficiaries and then faces a timely claim may have to make the shortfall good personally, because the money is gone and the claim is still valid. Holding a reserve until the bar has closed, and until the chapter 236E position is settled, is the ordinary protection.
HRS 560:3-801 says a person applying for appointment may publish notice, so publication is not compelled. The consequence of skipping it is in HRS 560:3-803: without published or delivered notice, claims are not barred until eighteen months after the decedent's death. An estate that never publishes therefore stays exposed roughly four times as long as one that does, which is why publication is treated as routine even though the statute is written permissively.
Hawaii is not a community property state, so there is no automatic one half interest in marital assets. Where there is no will, HRS 560:2-102 sets the share of a surviving spouse, and it varies with whether the decedent left descendants or surviving parents and whether those descendants are also the survivor's. Hawaii is distinctive in extending the same treatment to a registered reciprocal beneficiary under its reciprocal beneficiary law. Where there is a will that leaves the spouse too little, Hawaii's elective share provisions in chapter 560 allow a claim against the augmented estate.
Usually yes. Real property is administered where it sits, so a person domiciled in California or Washington who owned a Maui or Oahu condominium normally leaves an estate that needs an ancillary proceeding in the Hawaii Circuit Court for the circuit where the property is located, in addition to the home state probate. Hawaii's Land Court registration system adds a title step that mainland practitioners often do not expect. Holding Hawaii real property in a trust or with a survivorship interest is the common way to avoid the second proceeding.
Other Hawaii guides
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