Small estate affidavit in Hawaii (2026)

In Hawaii, heirs can collect up to $100,000 without probate with a sworn affidavit (Affidavit for collection of personal property (HRS 560:3-1201)). There is no waiting period. Real estate: not covered. Last checked October 23, 2026.

Hawaii at a glance

Affidavit cap: $100,000
Value counted: Gross value (debts not subtracted)
Waiting period: None
If there is a will: Can still be used
File with a court: No
Real estate: Not covered
Court shortcut: Clerk administration of estates of $100,000 or less (HRS 560:3-1205) (up to $100,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Date of deathValue of what they owned in their own name ($)Leave out accounts with a beneficiary (POD/TOD), joint property and trust assets.

Includes a house or land in their name only I am the surviving spouse There is a will

Enter the date of death and the value

Hawaii cap for this date of death

$100,000

A worked example for Hawaii

Say a parent who lived in Hawaii died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit right away.

The rules in Hawaii

The affidavit. A successor gives the bank, company or other holder a death certificate and an affidavit, and the holder must pay or deliver the decedent's personal property and re-register title. The statute does not require filing the affidavit with a court.
Cap. The gross value of the decedent's estate in Hawaii must not exceed $100,000.
What counts. Gross value of the decedent's whole estate in Hawaii (the statute does not exclude real property from the valuation, but the affidavit itself only transfers personal property).
What doesn't count. Motor vehicles registered in the decedent's name may be transferred by affidavit regardless of value. Property passing outside the estate (joint tenancy, POD/TOD, trusts) is not part of the estate.
Waiting period. The statute sets no waiting period after death.
Conditions. No application or petition for a personal representative is pending or has been granted in Hawaii; affidavit must explain the successor's entitlement and relationship. The Department of Human Services may use the same affidavit for a Medicaid/public-assistance claim and its affidavit has priority.
Who can sign. The person(s) claiming to be the decedent's successor(s), or someone on their behalf; or the Department of Human Services when it has a claim under HRS 346-15 or 346-37.
Court filing. The affidavit is presented to the holder of the property; the statute does not require a court filing. The Judiciary publishes the form (3C-E-210).

Houses, land and vehicles

Real estate. The affidavit covers only personal property. For land, a probate is needed; for estates of $100,000 or less the court clerk can be appointed to administer the estate (HRS 560:3-1205).
Vehicles. Vehicles registered in the decedent's name can be transferred with the same small-estate affidavit regardless of value; the Judiciary also lists an automobile affidavit form (3C-E-312).

When the affidavit isn't enough

If property in Hawaii totals $100,000 or less and no personal representative has been appointed, the circuit court clerk (on the clerk's or any interested person's verified petition) may be ordered to act as personal representative, possibly without notice or hearing. Separately, a personal representative may close an estate summarily when the estate (less liens) does not exceed allowances, exempt property, administration, funeral and last-illness costs (560:3-1203, 3-1204).

Good to know in Hawaii

Anyone receiving property under the affidavit is answerable to a later personal representative or anyone with a superior right.
The State's Medicaid/public-assistance claim (DHS) has priority over other affidavit claims.
Statute text was read in the browser because capitol.hawaii.gov blocks scripted requests.

Official help and forms

Sources

HRS 560:3-1201 Collection of personal property by affidavit (read October 23, 2026)
HRS 560:3-1202 Effect of affidavit (read October 23, 2026)
HRS 560:3-1203 Small estates; summary administration procedure (read October 23, 2026)
HRS 560:3-1205 Estates of $100,000 or less; clerk of court to administer (read October 23, 2026)
Hawaii Judiciary form 3C-E-210 Affidavit for Collection of Personal Property (read October 23, 2026)
Hawaii Judiciary circuit court forms (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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