Hawaii Small Estate Affidavit

A Hawaii Small Estate Affidavit can be used in cases where a Decedent has died with $100,000 or less to their name and an Heir seeks to have those funds be transferred to them. According to the definition provided by §560:1-201, an Heir is described as, “persons, including the surviving spouse or reciprocal beneficiary and the State, who are entitled under the statutes of intestate succession to the property of a Decedent.” In order for an Heir to use this type of Affidavit, it must include certain statements (of which have been noted below) and must be filed with the Decedent’s death certificate.

Additional Considerations

The maximum value the estate may be does not include any motor vehicles registered in the Decedent’s name. Motor vehicles are dealt with separately to a Small Estate Affidavit and can be transferred by completing an Affidavit that addresses the motor vehicle/s in question and subsequently filing it with the appropriate DMV office.

Laws & Required Conditions

Laws: § 560:3-1201

Maximum Estate Value: $100,000

Required Conditions: State law (§ 560:3-1201) demands that particular statements are evident in any and all Hawaii Small Estate Affidavits:

  • A personal representative is not in the picture,
  • The claimed Successor (a.k.a. the Heir) is duly entitled to the estate and has put their case forward by way of providing an explanation of their relationship to the Decedent, or
  • The department of human services has a claim against the estate in line with § 346-15 or § 346-37. N.B. this claim has priority over all overs.

As aforementioned, the Affidavit must be filed along with the death certificate of the Decedent.