Small estate checker for Hawaii
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Collection of personal property by affidavit (HRS 560:3-1201)
Estates of $100,000 or less: administration by the clerk of the court (HRS 560:3-1205)
What counts toward the limit in Hawaii
Add up the gross value of the person's property in Hawaii that is part of the estate. Do not subtract debts or mortgages. Property that passes outside the estate, such as joint or payable-on-death accounts, is not part of the estate.
Law: HRS 560:3-1201, 560:1-201
In this state the total is counted at full value, without subtracting debts.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: HRS 560:3-1201 |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with a surviving owner and payable-on-death accounts pass outside the estate and are left out. Law: HRS 560:1-201 ('estate'), 560:3-1201 |
Cars and other vehicles | Not clear | Cars registered in the person's name can be transferred with the affidavit regardless of their value. Ask the court or a lawyer whether a car's value is added to the $100,000 total. Law: HRS 560:3-1201(a)(1) |
Boats and mobile or manufactured homes | Counts | Boats and other personal property in the person's name alone count at gross value. Law: HRS 560:3-1201 |
Real estate in Hawaii | Counts | Hawaii real estate in the person's name alone counts at gross value (the mortgage is not subtracted), but the affidavit cannot transfer real estate. Law: HRS 560:3-1201(a)(1) |
Main home (primary residence) | Counts | The person's home counts at gross value unless it passes by joint tenancy or a transfer on death deed. Law: HRS 560:3-1201(a)(1) |
Real estate in another state | Left out | Only the estate in Hawaii is counted. Law: HRS 560:3-1201(a)(1) |
Unpaid wages owed to the person | Not clear | Ask the court or a lawyer how unpaid wages are treated. Law: HRS 560:3-1201 |
Military pay owed to the person | Not clear | Ask the court or a lawyer how military pay owed to the person is treated. Law: HRS 560:3-1201 |
Life insurance or retirement money paid to a named person | Left out | Insurance or retirement money paid to a named beneficiary passes outside the estate and is left out. Law: HRS 560:1-201 ('estate') |
Life insurance or retirement money paid to the estate | Counts | Insurance or retirement money payable to the estate counts. Law: HRS 560:3-1201 |
Property in a living trust | Left out | Property held in a trust passes under the trust and is left out. Law: HRS 560:1-201 ('estate') |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy passes to the survivor and is left out. Law: HRS 560:1-201 ('estate') |
Property going to a surviving spouse | Counts | Property in the person's name alone counts even if it goes to the spouse or reciprocal beneficiary. Law: HRS 560:3-1201 |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count, unless they have a transfer-on-death beneficiary. Law: HRS 560:3-1201 |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry, tools and other belongings count at gross value. Law: HRS 560:3-1201 |
Source: Official page
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.
Law: HRS 560:3-1201, 560:3-1202
Source: Official page
Estates of $100,000 or less: administration by the clerk of the court (HRS 560:3-1205)
A court procedure where the clerk of the circuit court is appointed to collect the person's property and handle the estate, when no personal representative has been appointed and the Hawaii property is worth $100,000 or less.
- Limit
Up to $100,000
The person's property in Hawaii must total $100,000 or less.
- What counts
The total value of the person's property in Hawaii.
- Waiting period
If the estate is $10,000 or less, the clerk publishes a notice and creditors have 60 days from publication to file claims. Larger estates follow the notice rules for informal probate.
- Who can use it
The clerk of the court, or any interested person, files a verified petition.
- Court or where to file
The circuit court of the judicial circuit where the person lived or left property.
- Papers to attach
- Verified petition
- Steps
- File a verified petition with the circuit court.
- The court may order the clerk to administer the estate, with or without notice or a hearing.
- The clerk publishes notice to creditors and heirs.
- The clerk collects the property, pays valid claims and distributes the rest.
- Fee
Clerk fees are set by HRS 560:3-1211; ask the circuit court clerk.
Law: HRS 560:3-1205 to 560:3-1207
Source: Official page
Bank accounts after a death in Hawaii
Money in a joint account with a surviving owner, or with a payable-on-death beneficiary, goes to that person and is not part of the estate. For an account in the person's name alone, a successor can give the bank a small estate affidavit with a death certificate if the gross Hawaii estate is $100,000 or less. The bank is released from liability when it pays on a proper affidavit.
Law: HRS 560:3-1201, 560:3-1202
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.
- Legal Aid Society of Hawaii
- Hawaii State Bar Association: Lawyer Referral & Information Service · (808) 537-9140
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372