Updated September 3, 2026. Quick answer: Hawaii lets a small estate be settled with Sworn affidavit: “Collection of personal property by affidavit” (Haw. Rev. Stat. § 560:3-1201), titled on the official Judiciary form “Affidavit for Collection of Personal Property of the Decedent.”, with no waiting period stated in the text we read, and it is Not filed with a court. The statute directs that the affidavit (with a certified death certificate) be presented directly to “a person indebted to the decedent or having possession of tangible personal property… belonging to the decedent,” who then pays or delivers the property to the claimed successor.. Real estate: No.
The verdicts
| Instrument | Sworn affidavit: “Collection of personal property by affidavit” (Haw. Rev. Stat. § 560:3-1201), titled on the official Judiciary form “Affidavit for Collection of Personal Property of the Decedent.” |
|---|---|
| Wait after death | not stated |
| Where it goes | Not filed with a court. The statute directs that the affidavit (with a certified death certificate) be presented directly to “a person indebted to the decedent or having possession of tangible personal property… belonging to the decedent,” who then pays or delivers the property to the claimed successor. |
| Notarised? | Yes, on the official form, which carries a notary jurat (the statute itself does not mention notarisation) |
| Reaches real estate? | No |
| Authority | Haw. Rev. Stat. § 560:3-1201 |
What the statute actually says
“I am the successor of the above named decedent… The gross value of the decedent’s estate in this State (excluding the value of motor vehicles) does not exceed $100,000.00… I am entitled to payment or delivery of the property referred to above and itemized below by virtue of HRS Section 560:3-1201, as amended…” From the official Hawaii Judiciary affidavit form (3C-E-210), quoting the sworn statements printed on the form, which track HRS 560:3-1201 in substance.
(Haw. Rev. Stat. § 560:3-1201)
The dollar limit
HRS § 560:3-1201(a)(1): “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;” No separate/higher figure was found for a surviving spouse.
The form
Yes: official Hawaii State Judiciary form 3C-E-210, “Affidavit for Collection of Personal Property of the Decedent,” which also prints the full text of HRS § 560:3-1202 on its reverse side.
What could not be verified
Verified against the primary text of HRS 560:3-1201 and 560:3-1202 on the Hawaii State Legislature’s official site (data.capitol.hawaii.gov) and against the Hawaii State Judiciary form 3C-E-210. The statute sets a $100,000 gross-value ceiling, lets motor vehicles transfer regardless of value, requires a death certificate and an affidavit, and states no waiting period. The statute does not mention notarisation; the official form carries a notary jurat.
When this route is the wrong one
- The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
- There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
- Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
- Debts exceed assets. Paying the wrong creditor first can make you personally liable.
Related: how the process works, step by step · affidavit versus summary administration.
Also for Hawaii: Hawaii Power of Attorney Requirements · Hawaii Advance Directive Requirements · What Adult Guardianship Costs in Hawaii.
General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.
Related: whether Hawaii requires the executor to post a bond.