Hawaii Small Estate Affidavit: $100,000 Limit, Vehicles and Form

Hawaii lets a successor collect a deceased person's personal property without probate by affidavit under HRS 560:3-1201 when the gross value of the decedent's estate in Hawaii is $100,000 or less. The statute sets no waiting period: the affidavit is presented together with the death certificate.

Motor vehicles registered in the decedent's name sit outside the $100,000 cap and can be transferred by affidavit at any value. Real estate cannot. For how other states compare, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii's affidavit for collection of personal property under HRS 560:3-1201 and 560:3-1202, clerk-of-court administration of estates of $100,000 or less under HRS 560:3-1205 through 560:3-1211, and summary administration by an appointed personal representative under HRS 560:3-1203 and 560:3-1204. It does not cover full probate administration, who inherits under Hawaii intestacy rules, estate tax, or the law of any other state.

Hawaii's small estate routes at a glance

Hawaii has one affidavit that avoids court and two shortened court procedures. People often confuse the affidavit with the clerk-administration route, but they work very differently.

The $100,000 figures are fixed in the statutes, not indexed. According to the history note on the legislature's site, section 560:3-1201 was last amended in 2000.

When can you use the affidavit?

Section 560:3-1201 requires that "The gross value of the decedent's estate in this State does not exceed $100,000; except that any motor vehicles registered in the decedent's name may be transferred regardless of value pursuant to this section."

Gross, not net. Hawaii measures gross value, so you do not subtract a car loan, a credit card balance or other debts when you add up the estate. The Third Circuit form puts it this way: "The gross value of the decedent's estate in this State (excluding the value of motor vehicles) does not exceed $100,000.00."

What counts. The probate code defines the decedent's estate as the decedent's property and defines property to include real property (HRS 560:1-201), so Hawaii real estate in the decedent's name counts toward the $100,000 gross figure even though the affidavit cannot transfer it. The text does not say how jointly owned accounts or transfer-on-death assets are treated. If the estate includes those, ask a lawyer or the holder before you sign.

No probate opened in Hawaii. The affidavit must also state that "No application or petition for the appointment of a personal representative is pending or has been granted in this State."

Is there a waiting period?

No. Hawaii's current statute contains no day count, and the Third Circuit affidavit form does not ask for one. A holder must pay or deliver "upon being presented a death certificate for the decedent and an affidavit made by or on behalf of the claimed successor or successors."

Some online summaries describe a waiting period for Hawaii. That is not in the statute as currently published on the legislature's site.

Who can sign the affidavit?

The claimed successor or successors, or someone on their behalf. The affiant explains their relationship to the decedent. The statute does not rank a surviving spouse ahead of other heirs.

The Hawaii Department of Human Services can also use the affidavit where it "has a claim against the estate pursuant to section 346-15 or 346-37." The statute adds: "The affidavit of the department of human services shall have priority over any other claim presented pursuant to this section." Under HRS 346-37, the department claims for Medicaid received at age 55 or older, or while the decedent was a nursing facility or other institutional inpatient, but only when there is no surviving spouse and no surviving child who is under 21, blind or disabled. When no close relative or designated heir survives, it can also claim overpayments and burial payments. If the department has a claim, its affidavit comes first.

Step by step: using the affidavit

1. Add up the gross value of the decedent's estate in Hawaii, including any Hawaii real estate in the decedent's name and leaving out registered motor vehicles, and confirm it is $100,000 or less.
2. Confirm no probate has been requested or opened in Hawaii.
3. Get the form. The Hawaii State Judiciary posts the Third Circuit's form 3C-E-210, Affidavit for Collection of Personal Property of the Decedent, on its Third Circuit forms page. The research for this page found no statewide version or separate versions for the other circuits, so if the decedent lived on Oahu, Maui or Kauai, ask that circuit court's clerk which form it uses.
4. Attach a certified death certificate. The form states: "A certified copy of the death certificate is submitted with this affidavit."
5. Sign before a notary. The form has a notary block for the State of Hawaii.
6. Present it to each holder. Nothing is filed with the court.

What the affidavit can collect

Section 560:3-1201 requires anyone "indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property belonging to the decedent" to pay or deliver it to the successor. Holders that issue certificates or other evidence of ownership must re-register them to the successor.

Vehicles. Registered motor vehicles transfer by affidavit regardless of value. The Third Circuit's form 3C-E-312, Affidavit for Collection of Personal Property (Automobile) of the Decedent, asks for the vehicle's VIN, Hawaii license number, make, model and year, with a certified death certificate attached. Vehicle registration in Hawaii is handled by the counties, and the research for this page did not locate county deceased-owner instructions, so ask your county's motor vehicle office what else it requires.

Unclaimed property. The State Unclaimed Property Program lists "Affidavit for Collection of Personal Property of the Decedent - Required for heirs pursuant Sections 560:3-1201 and 560:3-1202, Hawaii Revised Statutes." See our Hawaii unclaimed property guide for how to search.

Final paychecks. The research for this page did not verify a separate Hawaii statute for paying a deceased worker's final wages to family. Ask the employer whether it will pay wages owed on the 560:3-1201 affidavit.

Real estate. The affidavit does not reach it. Section 560:3-1201 covers personal property, tangible and intangible, and the research for this page found no real property affidavit anywhere in Part 12 of Hawaii's probate code (sections 560:3-1201 to 560:3-1213). A house or land in the decedent's name alone needs a probate case, such as the clerk route below, unless it passes outside probate. Real estate in the decedent's name also counts toward the $100,000, so most estates that include a house or condo will not fit the affidavit at all. To look up the deed, see our Hawaii property records guide.

Liability and false affidavits

The holder is protected. Under HRS 560:3-1202, the person who pays or delivers on the affidavit "is discharged and released to the same extent as if that person dealt with a personal representative of the decedent," and does not have to verify the affidavit. A holder who refuses can be compelled.

The person who collects is not. "Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right." If a personal representative is appointed later, or an heir with a better claim appears, you may have to account for what you collected.

False swearing. Under HRS 710-1062, "A person commits the offense of false swearing if the person makes, under oath required or authorized by law, a false statement which the person does not believe to be true," and false swearing is a petty misdemeanor. Sign only what you know to be true.

Clerk-of-court administration for estates of $100,000 or less

When the affidavit does not fit, for example because the estate includes real estate, Hawaii has a court route designed for small estates. Under HRS 560:3-1205, "If a person dies leaving property in this State of a total value not exceeding $100,000, and a personal representative of the estate has not been appointed in the State," the clerk of the circuit court can obtain an order to administer the estate, "upon the verified petition of the clerk or of any interested person." The order "may be made without notice or hearing, at the discretion of the court."

Creditor notice. The clerk publishes notice, and "All claims of creditors not filed within the prescribed period from the date of the first publication are forever barred." Under HRS 560:3-1209, the clerk distributes the estate "After the expiration of four months, in the case of an estate valued in excess of $10,000, or sixty days, in the case of an estate valued at $10,000 or less, after the first publication." A balance with no heirs located goes to the director of finance after one year.

Real estate. Under HRS 560:3-1205 the clerk administers the estate as its personal representative, and HRS 560:3-1211 lets the clerk charge the costs of carrying out court orders, "including orders relating to the sale of real or personal property."

Cost. Proceedings are free of court costs except advertising, posting and service expenses and necessary estate expenses, "together with a fee of three per cent of the market value of the first $100,000 in the gross estate."

Summary administration and full probate

If a personal representative is appointed and the inventory shows "the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness," HRS 560:3-1203 lets the representative distribute "immediately" without giving notice to creditors. In Hawaii the homestead allowance is $30,000 for a surviving spouse or reciprocal beneficiary (HRS 560:2-402), exempt property is up to $20,000 (HRS 560:2-403), and the family allowance is a reasonable amount for maintenance during administration (HRS 560:2-404).

The representative then closes the estate by filing a verified statement with the court under HRS 560:3-1204. "If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates."

Larger or contested estates go through regular probate. Our Hawaii probate guide explains that process.

Related

• Small estate affidavit rules by state
• Hawaii probate process
• Hawaii unclaimed property
• Hawaii property records

Disclaimer: This article provides general legal information about Hawaii's affidavit for collection of personal property and small estate procedures under HRS 560:3-1201 through 560:3-1211, verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the clerk of the circuit court where the person lived, a legal aid office, or a lawyer licensed in Hawaii.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Hawaii?

$100,000 gross value of the decedent's estate in Hawaii under HRS 560:3-1201, with no subtraction for debts or liens. Motor vehicles registered in the decedent's name do not count and can be transferred regardless of value.

How long after death can I use a small estate affidavit in Hawaii?

HRS 560:3-1201 as currently published sets no waiting period, and the Third Circuit form does not ask for one. The holder must pay or deliver on being presented the affidavit and a death certificate.

Does a Hawaii small estate affidavit need to be filed with the court?

No. Under HRS 560:3-1201 you present the affidavit and a certified copy of the death certificate to each person or institution holding the property. The clerk-administration route under HRS 560:3-1205 is different: it starts with a petition to the circuit court.

Can I transfer a house with a small estate affidavit in Hawaii?

No. HRS 560:3-1201 reaches personal property only, and the research for this page found no real property affidavit in Part 12 of the probate code. Real estate needs a probate case, such as clerk administration for estates of $100,000 or less, unless it passes outside probate. Real estate in the decedent's name also counts toward the $100,000 gross figure.

How do I transfer a car after death in Hawaii without probate?

HRS 560:3-1201 lets registered motor vehicles be transferred by affidavit regardless of value. The Third Circuit's form 3C-E-312 asks for the vehicle's VIN, Hawaii license number, make, model and year, with a certified death certificate attached.

Can I claim a deceased relative's unclaimed property in Hawaii with the affidavit?

Yes, that is the document the State Unclaimed Property Program asks heirs for. It lists the Affidavit for Collection of Personal Property of the Decedent as required for heirs under HRS 560:3-1201 and 560:3-1202.

What does the clerk of court charge to administer a small estate in Hawaii?

Under HRS 560:3-1211, proceedings are free of court costs except advertising, posting and service expenses and necessary estate expenses, plus a fee of three percent of the market value of the first $100,000 in the gross estate.