Hawaii Small Estate Affidavit

The affidavit lane (HRS section 560:3-1201)

On presentation of a death certificate and an affidavit, a holder pays or delivers personal property to the claimed successor or successors. The affidavit states three things only. First, 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. Second, no application or petition for appointment of a personal representative is pending or has been granted in this State. Third, the claimed successor or successors are entitled to the property, with the relationship explained. A Department of Human Services affidavit on a claim under sections 346-15 or 346-37 takes priority over any other claim. The scope of those two sections was not opened, so no statement about which claims qualify is made here.

Both the value test and the no-personal-representative test are scoped to "in this State." Out-of-state estate value and an out-of-state appointment are outside both tests as written. Do not widen the second test to "in any jurisdiction." A vendor affidavit that states "in any jurisdiction" conflicts with the statute, and the statute governs.

The statute states no waiting period, no notarization, and no certified copy of the death certificate. It states the death certificate is presented. Notarization and a certified copy appear in form and secondary material. Those are form practice, never a statutory requirement on the evidence banked. No real-estate lane appears in sections 560:3-1201 to 1205 as read. The affidavit lane covers personal property only.

The vehicle question

Section 1201(1) does not say in its own words whether a motor vehicle's value counts toward the $100,000 gross value. Form 3C-E-210 reads the test as excluding the value of motor vehicles. Secondary material reads it the same way. This guide states the exclusion reading as a form and secondary reading, not as the statute's own words. The test case shows why the distinction matters. An estate of $90,000 plus a $60,000 truck is eligible on the exclusion reading and not eligible on a gross-value reading. The current statute text and the official form must be re-checked before any reader relies on one reading.

A separate vehicle-only instrument exists. The City and County of Honolulu Division of Motor Vehicles form CSD_DMV_CS-L(MVR)39 (04/2026) is an affidavit for collection of personal property of the decedent for vehicle purposes. It states no $100,000 test at all. It stands on the "regardless of value" clause alone. That form was read on a stale crawl, and practice on other islands was not opened. Do not present the Honolulu form as statewide practice.

Effect and refusal (section 560:3-1202)

A holder that pays or delivers on a compliant affidavit is discharged as if dealing with a personal representative. The holder need not see to the application of the property or inquire into the truth of the affidavit. Refusal is compellable on proof of right. The recipient is answerable to a personal representative or any person with a superior right.

Two other lanes (sections 560:3-1203 to 1205)

Summary administration under sections 1203 and 1204 is not a second affidavit track. It is a closing mode for an appointed personal representative. Its test is relative, not a single dollar figure. The entire estate, less liens and encumbrances, must not exceed the homestead allowance plus the exempt property and family allowances plus administration costs plus reasonable funeral expenses plus reasonable and necessary last-illness medical and hospital expenses. No allowance dollar figure was read, so no allowance figure is stated here. There is no creditor notice in this lane. Closing is by verified statement. The appointment terminates one year after the closing statement if no action is pending.

Section 1205 is a third lane. Where a person dies leaving property in this State of total value of $100,000 or less and no personal representative has been appointed in the State, the clerk of the circuit court may, on a verified petition by the clerk or any interested person, obtain an order authorizing the clerk to administer the estate as personal representative. Notice or hearing is at the court's discretion. The section states no clerk fees except as set forth in section 560:3-1211, which was not opened. Whether the clerk lane reaches real property is unresolved, because the section says "property" with no real or personal split stated. Do not claim that it does.

What this guide does not state

No fee figure is stated, because none was read. No successor definition is stated, because section 560:1-201 was not opened. No statement is made about who must join or be listed, because that question is unverified. The official Hawai'i Judiciary copy of Form 3C-E-210 was not opened, so no form contents beyond the mirror reading summarized here are stated. No 30-day wait and no 40-day wait is stated. The 40-day figure comes from a 2011 bill that was never shown enacted. The $200,000 real property figure on a template page is unsupported and is not carried here.

For small-estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state's procedure answers, see Small Estate Affidavit Questions.

Source

Sources: Hawaii Revised Statutes sections 560:3-1201 to 1205 as quoted in a republication (USLegal "Hawaii Small Estate Summary," fresh crawl 2026-11-01), cross-checked against Justia 2019 and 2010 section texts by search snippet; City and County of Honolulu form CSD_DMV_CS-L(MVR)39 (04/2026), stale crawl 2026-09-05; Form 3C-E-210 via a form-mirror copy. Facts verified 2026-11-01. Open flags: (1) currency of sections 1201 to 1205 against the current Hawaii Revised Statutes on capitol.hawaii.gov is unverified, and the sections must be re-read there before any figure is relied on; (2) the official Hawai'i Judiciary copy of Form 3C-E-210 was not opened, so its current revision, notarization block, and exclusion parenthetical are unverified; (3) notarization is form practice only on the evidence banked; (4) the statute says a death certificate is presented, while forms and secondary material say a certified copy; (5) the successor definition in section 560:1-201 was not opened; (6) homestead, exempt property, and family allowance figures and section 560:3-1211 clerk fees were not opened; (7) a 2018 vehicle beneficiary bill was never shown enacted and no transfer-on-death lane is stated; (8) the Honolulu form currency and neighbor-isle practice are unverified; (9) no fee figure was read.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Hawaii court or a lawyer.