HI estate risk
Probate risk in Hawaii
Court-supervised estate process, timing, cost exposure, and public record requirements.
Hawaii allows collection of personal property by affidavit for smaller estates and provides a clerk-administered process when no personal representative is appointed.
At a glance
Key takeaways
- Affidavit collection is available when the Hawaii estate value does not exceed $100,000.
- Motor vehicles titled to the decedent may be transferred regardless of value under the affidavit process.
- No personal representative may be pending or appointed for the affidavit process.
- The clerk of court may administer estates of $100,000 or less when no personal representative is appointed.
Questions to consider
Questions to consider in Hawaii
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Hawaii allows collection of personal property by affidavit for smaller estates and provides a clerk-administered process when no personal representative is appointed.
- Affidavit collection is available when the Hawaii estate value does not exceed $100,000.
- Motor vehicles titled to the decedent may be transferred regardless of value under the affidavit process.
- No personal representative may be pending or appointed for the affidavit process.
- The clerk of court may administer estates of $100,000 or less when no personal representative is appointed.
- The small-estate affidavit must be a sworn statement by a successor describing the property and entitlement.
Sources
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-3-1201/
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-3-1205/
- https://www.nolo.com/legal-encyclopedia/hawaii-avoiding-probate-32013.html
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Hawaii.
Optional next steps
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