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HI · Circuit Court

Hawaii

Small-estate-affidavit threshold and procedure under § HRS § 560:3-1201.

Verified 2026-05-04
Personal property
$100,000
statutory cap
No mandatory wait

Gross estate. Vehicles registered to decedent transfer separately regardless of value.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Hawaii's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Gross estate. Vehicles registered to decedent transfer separately regardless of value.

Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Circuit Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Hawaii judicial system operates an authoritative court locator.

Find your county’s Circuit Court via the Hawaii judicial council website. Search for “Hawaii Circuit Court county locator” or visit the state government court directory.

04

Form & statute

Form
Statute