Small Estate Affidavit Limits in Hawaii

In Hawaii, a successor can collect personal property by affidavit if the gross value of the estate in Hawaii is $100,000 or less, with registered motor vehicles transferable regardless of value.

Last checked October 2026. General information, not legal advice.

Maximum estate value: $100,000; Gross value of the estate in Hawaii; registered motor vehicles may be transferred regardless of value.
Waiting period after death: None in statute; The affidavit needs a death certificate; the section sets no waiting period.
Real estate can pass: No; The affidavit covers tangible and intangible personal property.

Sources

Last checked October 2026

The rules in Hawaii

What is the maximum estate value for a small estate affidavit in Hawaii?

Maximum estate value in Hawaii: $100,000. Gross value of the estate in Hawaii; registered motor vehicles may be transferred regardless of value.

How long after the death must you wait to use a small estate affidavit in Hawaii?

Waiting period after death in Hawaii: None in statute. The affidavit needs a death certificate; the section sets no waiting period.

Can real estate pass by small estate affidavit in Hawaii?

No. Real estate can pass in Hawaii: no. The affidavit covers tangible and intangible personal property.

Where do the Hawaii small estate affidavit limits come from?

The rules above come from Haw. Rev. Stat. 560:3-1201 and Haw. Rev. Stat. 560:3-1205. Each source is linked on this page. We last checked them in October 2026.

Good to know

Estates of $100,000 or less can also be administered by the court clerk on petition under HRS 560:3-1205.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.