What is the small estate limit in Hawaii?

Hawaii allows a Affidavit for Collection of Personal Property for estates with personal property valued at $100,000 or less (HRS § 560:1-101 (UPC short title), § 560:3-1201 (small estate affidavit, $100K gross), § 560:3-1203 (PR summary administration), § 560:3-1205 ($100K clerk summary administration), § 560:3-301 (informal probate; applications directed to the registrar), § 560:3-603 (bond), § 560:3-706 (inventory and appraisement by the PR), § 560:3-715 (PR transactions / independent admin), § 560:3-719 (PR compensation — reasonable), § 560:3-721 (review of attorney/PR compensation), § 607-18 (percentage compensation of TRUSTEES; cross-references PRs to §§ 560:3-719 to 3-721), § 560:3-801(a) (permissive estate notice to creditors, two successive weeks, amended L 2023, c 158, §41), § 560:3-801(f) (trustee notice to creditors, two successive weeks, amended L 2024, c 7, §2), § 560:3-803 (claim limitations), § 607-5(b)(14) ($100 circuit court probate filing fee)).

What is the probate timeline in Hawaii?

In Hawaii, simple estates typically take 6-9 months. Average estates take 9-15 months. Complex estates with disputes or unusual assets can take 15-30 months or longer (HRS § 560:1-101 (UPC short title), § 560:3-1201 (small estate affidavit, $100K gross), § 560:3-1203 (PR summary administration), § 560:3-1205 ($100K clerk summary administration), § 560:3-301 (informal probate; applications directed to the registrar), § 560:3-603 (bond), § 560:3-706 (inventory and appraisement by the PR), § 560:3-715 (PR transactions / independent admin), § 560:3-719 (PR compensation — reasonable), § 560:3-721 (review of attorney/PR compensation), § 607-18 (percentage compensation of TRUSTEES; cross-references PRs to §§ 560:3-719 to 3-721), § 560:3-801(a) (permissive estate notice to creditors, two successive weeks, amended L 2023, c 158, §41), § 560:3-801(f) (trustee notice to creditors, two successive weeks, amended L 2024, c 7, §2), § 560:3-803 (claim limitations), § 607-5(b)(14) ($100 circuit court probate filing fee)).

What is Summary Administration in Hawaii?

Estates that exceed the small estate limit but are valued under $100,000 may qualify for Summary Administration in Hawaii (HRS § 560:1-101 (UPC short title), § 560:3-1201 (small estate affidavit, $100K gross), § 560:3-1203 (PR summary administration), § 560:3-1205 ($100K clerk summary administration), § 560:3-301 (informal probate; applications directed to the registrar), § 560:3-603 (bond), § 560:3-706 (inventory and appraisement by the PR), § 560:3-715 (PR transactions / independent admin), § 560:3-719 (PR compensation — reasonable), § 560:3-721 (review of attorney/PR compensation), § 607-18 (percentage compensation of TRUSTEES; cross-references PRs to §§ 560:3-719 to 3-721), § 560:3-801(a) (permissive estate notice to creditors, two successive weeks, amended L 2023, c 158, §41), § 560:3-801(f) (trustee notice to creditors, two successive weeks, amended L 2024, c 7, §2), § 560:3-803 (claim limitations), § 607-5(b)(14) ($100 circuit court probate filing fee)). This is a faster and less expensive alternative to full probate, with fewer court appearances and simplified reporting requirements.

When Is Probate Required in Hawaii?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

Hawaii allows a Affidavit for Collection of Personal Property for estates with personal property valued at $100,000 or less.

Real estate in Hawaii generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Hawaii, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Hawaii, simple estates typically take 6-9 months. Average estates take 9-15 months. Complex estates with disputes or unusual assets can take 15-30 months or longer. Estimate total costs with the Hawaii probate calculator.

Probate costs in Hawaii typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $28,731 depending on complexity. Use the Hawaii probate cost calculator for a detailed estimate.

Estates that exceed the small estate limit but are valued under $100,000 may qualify for Summary Administration in Hawaii. This is a faster and less expensive alternative to full probate, with fewer court appearances and simplified reporting requirements.

The most common ways to avoid probate in Hawaii include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Hawaii

Hawaii allows estates valued under $100,000 to use a Affidavit for Collection of Personal Property, bypassing formal probate entirely. After a 0 days waiting period, heirs can collect assets without opening a probate case.

Full probate in Hawaii runs 6 months to 9 months for straightforward estates. Contested estates or those with real property in multiple states face longer timelines. Estimate the total cost with the Hawaii probate calculator.

A revocable living trust bypasses probate in Hawaii. Assets transferred into the trust during the grantor's lifetime pass directly to beneficiaries without court involvement. The trust vs. will comparison outlines the trade-offs.