Hawaii Small Estate Affidavit

Hawaii small estate rules at a glance

Can you use it?

You can generally use the Hawaii shortcut when all of these are true:

• The probate estate is $100,000 or less (gross value of the Hawaii estate, not counting registered motor vehicles).
• Timing: no waiting period in the statute.
• No one has been appointed, or applied to be appointed, executor or administrator.
• Real estate: no. Real estate needs a probate proceeding.

Other Hawaii rules

• No probate petition can be pending or granted in Hawaii.
• If the Department of Human Services has a claim for benefits paid, it comes first.

How to use the Hawaii affidavit

1. Add up the probate estate. List what the person owned in their name alone, with no beneficiary or surviving joint owner, at its value on the date of death.
2. Check the timing. No waiting period in the statute.
3. Get the paperwork. Use Form 3C-E-210, Affidavit for Collection of Small Estate.
4. Sign it under oath, usually before a notary, listing each person entitled to the property and their share.
5. Give it to each holder. Hand a copy, with a certified death certificate, to each bank, broker or other holder. They pay or transfer what they hold.
6. Pay debts and distribute. Pay the funeral and valid debts, then distribute under the will or Hawaii's intestacy law. If you take more than your share, the other heirs and creditors can come after you for it.

The person's final income tax return is still due by April 15 of the year after the death. See the final tax returns guide, and Form 1310 to claim a refund without an executor.

A car title moves through the state's motor vehicle office, which has its own forms: see how to transfer a car title after death.

If the estate is over the limit

Then the estate goes through probate: the court appoints an executor, who gets letters testamentary (or letters of administration when there is no will) and settles the estate. Hawaii's court and forms are in the probate forms by state table. In Hawaii, creditors have this long to claim: 4 months after first publication, or 60 days after written notice if later. See how long probate takes in Hawaii.

Use the probate cost calculator to estimate the court, attorney and executor fees.

Hawaii taxes on a small estate

Hawaii has an estate tax, but its exemption is far above any small estate limit, so a small estate won't owe it. See Hawaii estate tax.

Small estate affidavits in other states

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Or compare them all in the 50-state table.

Related guides

• Letters testamentary: how executors get them, by state
• What is probate? How it works, step by step
• How long does probate take? Timeline by state
• Probate cost calculator: fees by state
• Probate court forms by state
• Transfer a car title after death, by state
• Executor checklist: what to do when someone dies
• Form 1310: claiming a deceased person's tax refund