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, “[a] 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 other words, an heir has to be someone who is a blood relative, which can include the deceased’s partner’s spouse or significant other that is not legally allowed to be married. In order for an heir to use the affidavit type, it must include certain statements (of which have been noted below) and be filed alongside the decedent’s death certificate, which is a formal document issued by a medical practitioner certifying that the person died.

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.

Download the Hawaii Affidavit for Motor Vehicles: Hawaii Affidavit for Collection of Personal Property (Automobile) of the Decedent (RG-LC-508)

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 others.

As mentioned previously, the affidavit must be filed along with the death certificate of the decedent in order to be valid.