Quick answer: no real property needing court transfer, gross estate (excluding vehicles) at or under $100,000, 30 days passed — the affidavit. A genuinely simple estate with little left after allowances — Summary Administration. Anything else — full probate. Check your own numbers with the Hawaii small estate checker.
Summary Administration still opens a case
Immediate distribution, no creditor notice needed
If the estate qualifies for summary administration, the personal representative may immediately distribute the estate to the people entitled to inherit without giving notice to creditors — because the amounts set aside by law leave nothing left over for creditors to claim against anyway.
A house almost always means probate, one way or another
Real property held solely in the decedent's name, without a trust, joint tenancy, or TOD deed, almost always triggers probate — regardless of how modest the rest of the estate is.
What skips probate before any threshold matters
Revocable living trusts, joint tenancy with right of survivorship, beneficiary designations, transfer-on-death deeds, and TOD vehicle or securities registrations all bypass probate entirely.
The decision, in order
- Is the asset in a trust, jointly held, or covered by a beneficiary designation or TOD deed? → Skips probate entirely.
- No real property needing court transfer, gross estate (ex. vehicles) at or under $100,000, 30 days passed? → Small estate affidavit.
- A simple estate with little left after legal allowances? → Summary Administration.
- None of the above fits → Full informal or formal probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens with the Circuit Court in the decedent's own judicial circuit.