Hawaii Small Estate Affidavit Checker

$100,000, and the car doesn't even count

Confirmed current: if the decedent's gross estate (excluding motor vehicles) does not exceed $100,000 and no real property requires probate, successors may collect the property by affidavit — motor vehicles are excluded from the value calculation itself, not merely handled by a separate process.

Real property that needs a court-ordered transfer still blocks it

The affidavit is barred if real property requires a court-ordered title transfer — a house solely in the decedent's name, without a trust, TOD deed, or survivorship arrangement, generally still needs probate.

A different shortcut for a slightly larger, simple estate

Summary Administration under HRS §560:3-1203 works differently: it still requires opening a probate case and being appointed personal representative, but once the estate qualifies, it can distribute immediately without giving notice to creditors, closing out with a simple closing statement.

No court filing for the affidavit itself

The affidavit is signed under oath by the successor and presented directly to the holder of the property — a bank, for instance — with no separate court filing required for it.

A TOD deed avoids the real property question entirely

The Hawaii Uniform Real Property Transfer on Death Act (HRS Chapter 527) authorizes TOD deeds, letting real property pass directly to a named beneficiary without probate, ahead of any small-estate threshold question.

Hawaii small estate — frequently asked questions

What is Hawaii's small estate affidavit threshold?

$100,000, under HRS §560:3-1201 — and motor vehicles are excluded from that calculation entirely, not merely handled through a separate process.

Does the affidavit ever reach real property?

No — the affidavit is barred if real property requires a court-ordered title transfer, so a house solely in the decedent's name generally still needs probate.

Is there a separate simplified process besides the affidavit?

Yes — Summary Administration (HRS §560:3-1203) still requires opening a probate case and being appointed personal representative, but then lets the estate distribute immediately without notifying creditors, when it qualifies.

How is the affidavit filed?

It's signed under oath by the successor and presented to the holder of the property — no court filing is required.

Does Hawaii recognize Transfer on Death deeds?

Yes — the Hawaii Uniform Real Property Transfer on Death Act (HRS Chapter 527) authorizes TOD deeds.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on HRS §560:3-1201, 560:3-1203. Actual eligibility depends on the estate's full facts. Confirm with the Circuit Court or a licensed Hawaii attorney before acting.