Free Hawaii Small Estate Affidavit

Prepare the Hawaii small estate affidavit for estates up to $100,000, plus presentation letters for each holder. HRS §§ 560:3-1201 to 560:3-1202.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Hawaii Small Estate Affidavits

No statewide form. HRS § 560:3-1201(a)(1)-(3) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per HRS §§ 560:3-1201 to 560:3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over 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. HRS § 560:3-1201(a).

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 (HRS § 560:3-1201(a) ("affidavit"); Form 3C-E-210 notary jurat).

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). Recipients remain answerable to any personal representative or person with a superior right.

The affidavit reaches personal property only (payment of indebtedness, tangible personal property, and instruments evidencing intangible personal property); the $100,000 cap is phrased as the gross value of the decedent's estate in this State. Real property passes through probate — HRS § 560:3-1205 separately provides a clerk-administered summary administration for estates not exceeding $100,000. HRS §§ 560:3-1201(a), 560:3-1205.

Small Estate Collection in Hawaii

Hawaii has no statewide affidavit form; HRS § 560:3-1201(a)(1)-(3) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per HRS §§ 560:3-1201 to 560:3-1202. There is no waiting period after the death.

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Frequently Asked Questions About Hawaii Small Estate Affidavits

No statewide form. HRS § 560:3-1201(a)(1)-(3) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per HRS §§ 560:3-1201 to 560:3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

The Hawaii affidavit is signed before a notary (HRS § 560:3-1201(a) ("affidavit"); Form 3C-E-210 notary jurat).

Small Estate Collection in Hawaii

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per HRS §§ 560:3-1201 to 560:3-1202. There is no waiting period after the death.

Free Hawaii Small Estate Affidavit

Your Information

Frequently Asked Questions About Hawaii Small Estate Affidavits