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Small Estate Procedures · Hawaii

Hawaii's $100,000 small-estate affidavit: personal property and vehicle treatment

Hawaii permits a successor to collect personal property by affidavit when the gross Hawaii estate, excluding motor vehicles, does not exceed $100,000. The statute does not impose a death-date waiting period.

Editorial review draft · Not certified for publication

Use the gross value of the Hawaii probate estate and leave registered motor vehicles out of the $100,000 calculation as section 560:3-1201 directs. The exclusion does not turn land into affidavit property.

Check eligibility before signing

  • The gross Hawaii estate excluding motor vehicles is $100,000 or less.
  • No application or petition for a personal representative is pending or granted.
  • The affiant is a successor entitled to the property.
  • The affiant can attach a death certificate and make each statement required by section 560:3-1201.

Gather the required documents

  • Successor affidavit containing each section 560:3-1201 statement
  • Certified death certificate
  • Proof of the affiant's identity and entitlement
  • Asset statements or title records
  • Separate motor-vehicle transfer documents when applicable

Follow the state procedure

Attach the death certificate and deliver the affidavit to the debtor, bank, registrar, or other holder. A holder may transfer qualifying property without opening a probate case when the affidavit is complete; section 560:3-1201 does not require the successor to wait a set number of days after death.

Know which property the shortcut reaches

The affidavit reaches personal property and securities. Hawaii real estate requires probate or another valid title route; the special vehicle exclusion changes the ceiling calculation but vehicle title still follows agency requirements.

Understand the recipient's responsibility

A successor who collects is answerable to a later personal representative and to anyone with a superior right. The holder may rely on a compliant affidavit, so the risk of a false entitlement statement falls on the recipient.

Use another route when these facts apply

  • Hawaii real property must be transferred.
  • The non-vehicle estate exceeds the ceiling.
  • A representative is pending or appointed.
  • Successor rights or debts are contested.

Sources & methodology

Sources and current rules
Current rule$100,000 gross Hawaii estate excluding motor vehicles; no death-date waiting periodHRS § 560:3-1201 · current
Successor accountabilityHRS § 560:3-1202HRS § 560:3-1202 · current

Methodology & sources

HRS § 560:3-1201 supplies the headline rule and its stated conditions. The companion provisions listed above supply the additional procedure and responsibility rules.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Hawaii.

Sources reviewed August 23, 2026.