Hawaii Estate Checklist | Small Estate Map

Which procedure

Your name (optional)

Papers most holders ask for Certified copies of the death certificate Your photo ID The will, if there is one Recent statements for each account, car and property

Papers for this procedure: Collection of personal property by affidavit (HRS 560:3-1201) Death certificate Statement that the gross value of the Hawaii estate is not more than $100,000 Statement that no probate case is pending or has been granted in Hawaii Each successor's right to the property and relationship to the person

Other formats

Your checklist

Collection of personal property by affidavit (HRS 560:3-1201)

A sworn statement you give, with the death certificate, to a bank, company or person holding the person's money or belongings, so they pay or hand it over to you. It is not filed with a court.

Limit

Up to $100,000 Counted at full value, without subtracting debts.

The gross value of the person's estate in Hawaii cannot be more than $100,000. Cars registered in the person's name can be transferred this way regardless of value.

What counts

The gross value of the person's estate in Hawaii (debts are not subtracted). Motor vehicles registered in the person's name can be transferred with the affidavit regardless of their value.

Waiting period

Hawaii law sets no waiting period for this affidavit. No application or petition to appoint a personal representative can be pending or granted in Hawaii.

Who can use it

The person or persons claiming to be the successors (entitled to the property), or someone on their behalf. The affidavit explains each successor's relationship to the person. The state Department of Human Services can also use an affidavit when it has a claim against the estate, and its affidavit comes first.

Court or where to file

Given to the holder of the property (bank, company, or the county motor vehicle office for cars).

Notary

The affidavit is sworn.

Papers to attach

Death certificate
Statement that the gross value of the Hawaii estate is not more than $100,000
Statement that no probate case is pending or has been granted in Hawaii
Each successor's right to the property and relationship to the person

Steps

Add up the gross value of the person's Hawaii property.
Fill in an affidavit with the required statements and sign it under oath.
Give it with a death certificate to each holder of the property.
For a car, use the county motor vehicle office's affidavit form.

Fee

There is no court filing fee because the affidavit is not filed with a court.

Debts and responsibility

Anyone who receives property by affidavit must answer and account for it to any personal representative of the estate or to anyone with a better right to it.

What the bank or holder must do

The holder must pay or deliver the property, and anyone with authority to issue a title or certificate must change the registered owner to the successors. The holder is released from liability as if it had dealt with a personal representative and does not have to check whether the affidavit is true. If the holder refuses, the successors can recover the property in a court proceeding.

Forms

Affidavit for Collection of Personal Property of the Decedent, CS-L (MVR) 39 (City and County of Honolulu, vehicles)

Law: HRS 560:3-1201, 560:3-1202

Source: Official page

Death certificates in Hawaii

Pay by cashier's check, certified check or money order (no personal checks). The CDC Where to Write page lists $10 for the first copy and $4 for each extra copy ordered at the same time; the recorded fee line is (808) 586-4533.

Where to get it: Hawaii State Department of Health, Vital Records Section
Official page: Official page

Car or vehicle title after a death in Hawaii

If the car was jointly owned, the surviving owner signs the title as seller and as the new owner, and brings the title, the last registration, a current safety inspection certificate and a state-certified copy of the death certificate (no photocopies). If the car was in the person's name only, the small estate affidavit can be used regardless of the car's value; Honolulu provides its Affidavit for Collection of Personal Property of the Decedent, CS-L (MVR) 39, and asks you to call (808) 768-4324 or visit a satellite city hall for guidance. Honolulu transfers need an appointment.

Law: HRS 560:3-1201(a)(1), (b)

Agency: County motor vehicle offices (in Honolulu: Department of Customer Services, Division of Motor Vehicles, at satellite city halls)
Form: Affidavit for Collection of Personal Property of the Decedent, CS-L (MVR) 39 (Honolulu)
Fee: Honolulu: the title transfer fee is $10 ($60 with penalty by mail after 30 days), plus any registration due. Other counties set their own fees.

Source: Official page

Surviving spouse in Hawaii

A surviving spouse or reciprocal beneficiary is entitled to the homestead allowance, exempt property and family allowance in a probate case. When the whole estate, after liens, is no more than these allowances plus administration costs, funeral costs and last-illness medical costs, a personal representative can distribute it at once and close the estate with a sworn statement.

Law: HRS 560:3-1203, 560:3-1204

Related pages

Free help in Hawaii

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.