Free Hawaii Small Estate Affidavit

In Hawaii, the Affidavit for Collection of Personal Property covers estates valued at $100,000 or less, presented directly to the bank or other holder, not filed with a court.

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Your Information

The Hawaii affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

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No. Hawaii publishes no statewide form; the affidavit is prepared to the statute, which lists 3 statements the affidavit must contain.

In Hawaii, estates valued at $100,000 or less skip probate with the Affidavit for Collection of Personal Property. Real property cannot pass through the affidavit; an estate that includes real estate uses a separate process. An estate over the limit does not qualify, and no affidavit is prepared for it.

A person or persons claimed to be the successor or successors of the decedent (the affidavit is made by or on behalf of the claimed successor), or the Department of Human Services where it has a claim against the estate under HRS § 346-15 or § 346-37 — the department's affidavit has priority over any other claim presented under the section.

The Affidavit for Collection of Personal Property is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The person indebted to the decedent or holding the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property, upon being presented a death certificate for the decedent and the affidavit. Under § 3-1201(b), a person with legal authority to issue evidence of ownership must change registered ownership to the claimed successor on presentation.

The Hawaii affidavit is signed before a notary.

Small Estate Collection in Hawaii

Hawaii publishes no statewide form; the affidavit is prepared to the statute. The statute lists 3 statements the affidavit must contain. Hawaii's name for the procedure is “Affidavit for Collection of Personal Property”, and it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $100,000; an estate over it does not qualify. Real estate cannot pass through it. Hawaii sets no waiting period after the death.

Hawaii says who may sign: A person or persons claimed to be the successor or successors of the decedent (the affidavit is made by or on behalf of the claimed successor), or the Department of Human Services where it has a claim against the estate under HRS § 346-15 or § 346-37 — the department's affidavit has priority over any other claim presented under the section. The affiant signs it before a notary.

Who receives it: The person indebted to the decedent or holding the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property, upon being presented a death certificate for the decedent and the affidavit. Under § 3-1201(b), a person with legal authority to issue evidence of ownership must change registered ownership to the claimed successor on presentation.

The effect on the holder and on the successor: The person paying, delivering, transferring, or issuing personal property pursuant to the affidavit is discharged and released to the same extent as if that person dealt with a personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in the affidavit (§ 3-1202). If a holder refuses, the property may be recovered — or its payment, delivery, transfer, or issuance compelled — in a proceeding brought by or on behalf of the persons entitled to it.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Hawaii statutes and official state code. How we research.

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Free Hawaii Small Estate Affidavit

In Hawaii, the Affidavit for Collection of Personal Property covers estates valued at $100,000 or less, presented directly to the bank or other holder, not filed with a court.

Progress0%

Small Estate Collection in Hawaii

The ceiling is $100,000; an estate over it does not qualify. Real estate cannot pass through it. Hawaii sets no waiting period after the death.

Free Hawaii Small Estate Affidavit

Your Information

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Free Hawaii Small Estate Affidavit

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