Collecting a Small Estate Without Probate
HRS 560:3-1201 — an affidavit and a death certificate where the estate in Hawaii is no more than $100,000
Anyone holding money or property of the decedent pays or delivers it to the successors on a death certificate and an affidavit stating that the gross value of the estate in Hawaii does not exceed $100,000, that no personal representative has been applied for or appointed in Hawaii, and how the successors are entitled to it.
Who handles this in Hawaii: Hawaii Criminal Justice Data Center and Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
- Motor vehicles registered in the decedent's name may be transferred this way regardless of value.
- On the affidavit, anyone who issues certificates of ownership changes the registered owner to the successors.
- An affidavit from the department of human services with a claim against the estate has priority.
Sources for this section (1)
- HRS 560:3-1201 — Collection of personal property by affidavit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.