Hawaii Small Estate Affidavit: How to Skip Probate for Estates Under $100,000

What Is the Hawaii Small Estate Affidavit?

Hawaii Revised Statutes §560:3-1201 provides a simplified procedure for collecting estate assets without going through probate. An heir or successor can present a sworn affidavit — along with a certified death certificate — directly to any institution holding estate assets. The institution is legally required to transfer the assets to the affiant. No court filing. No probate case number. No executor appointment needed.

This procedure is designed for modest estates where the cost and time burden of formal probate is disproportionate to the estate's size. Hawaii's $100,000 threshold is higher than Alaska's ($50,000) and Nevada's ($25,000), making it available to a broader range of estates — though it still only covers personal property.

Requirements: Does Your Estate Qualify?

1. At Least 30 Days Have Passed Since Death

You cannot present the affidavit until 30 days after the date of death. There are no exceptions to this waiting period — it gives creditors a brief window before assets are distributed. Mark the date on your calendar and wait the full 30 days.

2. The Gross Personal Property Estate Does Not Exceed $100,000

The total gross value of all personal property in the estate — before subtracting debts — must not exceed $100,000. This means the threshold applies to gross values, not net.

Personal property includes bank accounts, investment accounts, vehicles, jewelry, furniture, and other moveable assets. It does not include real estate.

3. No Probate Proceeding Is Pending or Has Been Commenced

If a probate case has already been opened for this estate in any state, the small estate affidavit is not available. Assets must be collected through the pending probate proceeding.

What to Include in the Affidavit

The affidavit must be sworn (signed under oath before a notary) and must state:

• The affiant's name and relationship to the deceased
• The date of death
• That at least 30 days have elapsed since the date of death
• That no proceeding for the decedent's estate is pending or has been commenced in any state
• That the gross value of the decedent's entire estate does not exceed $100,000
• That the affiant is entitled to the property as a successor (under the will or by intestacy)
• A description of the specific property being claimed

Hawaii does not provide a single official statewide form for this affidavit. Many banks and financial institutions have their own internal affidavit form that meets the statutory requirements — always check with the institution first. If they do not have a form, you can draft your own using the elements above and have it notarized.

How to Present the Affidavit

Present the following directly to the institution (bank, credit union, brokerage) holding the asset:

1. The signed and notarized affidavit
2. A certified copy of the death certificate
3. Your government-issued photo identification
4. A copy of the will, if one exists (not legally required, but often requested)

The institution that receives properly executed documentation is legally required under HRS 560:3-1201 to pay or deliver the asset to you. If an institution refuses, they may be held liable for the asset value.

What the Small Estate Affidavit Does Not Cover

• Real estate (fee simple or leasehold): Cannot be transferred using the affidavit. All real property — including condominiums — requires probate or another legal process such as a court order or Personal Representative's Deed.
• Vehicles: Hawaii county vehicle registration offices have their own transfer procedures for vehicles at death. Check with the relevant county before relying on the affidavit for vehicle title transfers.
• Creditor obligations: Collecting assets via affidavit does not eliminate estate debts. Heirs who use the affidavit may be personally liable to creditors up to the value of assets received.
• Named beneficiary accounts: Accounts with beneficiary designations (life insurance, IRAs, POD accounts) do not require the affidavit — they transfer directly to the named beneficiary. The affidavit is only needed for accounts without beneficiary designations.

More Hawaii Probate Guides

• Hawaii Estate Tax: What Executors Need to Know
• Hawaii Probate Timeline: Key Deadlines for Personal Representatives