Detailed Answer: Deciding Which Assets to List on a Hawaii Small Estate Affidavit

Short answer: List the specific probate assets you are seeking to collect through the small estate affidavit. Do not list assets that pass outside probate (for example, assets with named beneficiaries, joint accounts with rights of survivorship, trust assets, or certain real property if not allowed by the statute). Accurately state each asset’s fair market value as of the decedent’s date of death (or note that the value is unknown and explain why). If you are unsure whether an item is probate property in Hawaii, gather documentation and ask the probate clerk or an attorney before filing.

What a small estate affidavit does and what to check first

A small estate affidavit is a sworn statement that lets an eligible person collect certain assets of a deceased person without formal probate court administration. Each state sets eligibility rules and limits; in Hawaii, the courts and statutes govern what types of property qualify and the dollar thresholds. Before preparing an affidavit, do the following:

Confirm Hawaii’s current small-estate threshold and procedure. Check the Hawaii State Legislature site or the Hawaii Judiciary self-help/probate pages for the latest rules and forms: Hawaii State Legislature and Hawaii State Judiciary – Self Help.
Assemble the decedent’s asset list as of the date of death: bank and investment account statements, vehicle titles, safe-deposit inventory, bills of sale, and real property records.
Collect the decedent’s death certificate and any beneficiary designation documents (insurance policies, retirement accounts, POD/TOD designations).

Which assets you must list on the affidavit (general guidance under Hawaii probate practice)

When completing the affidavit, list each asset you claim and plan to collect through the affidavit. Common categories that typically should be listed when they are probate assets include:

Bank accounts and cash held solely in the decedent’s name (list account type, financial institution, last known balance or value at date of death).
Personal property and household goods (furnishings, jewelry, collectibles) — list each significant item and its approximate fair market value.
Vehicles titled only in the decedent’s name (cars, motorcycles, boats) — list year, make, model, VIN, and value or estimated value.
Other tangible property you intend to collect (tools, business equipment) if they are solely in the decedent’s name.

Assets you usually should not list (and what to do instead)

Certain assets pass outside of probate and usually are not collectible through a small estate affidavit. For each of these, either omit them from the affidavit or state that they are non-probate and give the reason.

Assets with named beneficiaries (life insurance, IRAs, 401(k) plans, payable-on-death or transfer-on-death accounts). These pass directly to the named beneficiary; do not list them as probate assets. Instead, provide the beneficiary with the policy/account provider and claim instructions.
Jointly owned property with rights of survivorship (joint bank accounts, joint real estate titled as joint tenants). These usually pass to the surviving joint owner and are not part of the estate.
Property held in a valid trust. Trust assets do not go through probate; the trustee follows the trust terms to distribute assets.
Real property (land/house) — many small estate statutes exclude real estate or impose special rules for transferring title. Do not list real property unless Hawaii’s small estate procedure explicitly allows collecting it by affidavit. If you list real property incorrectly you can create title problems; check with the land records office or a probate clerk first.

How to handle values: blanks, zeros, and estimates

Filling in values correctly matters. Use these rules of thumb:

Do not leave the value field blank. If the form asks for a value, provide a reasonable fair market value as of the date of death or mark it clearly as “unknown” with a short explanation of why (for example, no recent appraisal).
Only use $0 if the asset truly had no value on the date of death (for example, an item broken beyond repair and worthless). Misstating value can expose you to liability if the affidavit is sworn and later proven false.
Use documented figures when possible. Bank statements, appraisals, vehicle valuation guides, and recent sale prices provide support for your stated value.
If you are unsure of the value, estimate conservatively and disclose that it is an estimate. Example: “Antique clock — estimated market value $500 (no appraisal available).”

Practical hypothetical example

Hypothetical facts: The decedent died leaving a bank account in their name with $3,200, a car titled only in their name worth about $4,500, personal clothing and furniture worth $1,000 total, a life insurance policy naming the spouse as beneficiary for $100,000, and a house in their sole name worth $250,000.

List the bank account, car, and personal property on the small estate affidavit as probate assets you want to collect. Provide the account number, bank name, car VIN, and estimated values.
Do not list the life insurance policy as part of the small estate because it has a named beneficiary (the spouse). Instead, note it passes outside probate and give the insurer’s contact info if asked.
Do not attempt to collect the house through a small estate affidavit unless Hawaii law and forms explicitly allow transfer of real property via that procedure. More commonly, real estate requires probate or other procedures to change title.

Common pitfalls and how to avoid them

Filing a deficient affidavit by omitting an asset that is actually part of probate. Solution: carefully review title records, beneficiary designations, and account registrations before filing.
Putting $0 for items that have value, then being accused of misrepresentation. Solution: use conservative estimates and document how you arrived at the value.
Trying to collect real property when the statute excludes it. Solution: verify statutory language and ask the probate clerk if real property may be included.
Failing to check whether the small estate threshold is met. Solution: total all probate assets you will list and confirm they fall at or below the allowed maximum in Hawaii.

What to attach and what evidence to keep

When you file the affidavit, attach supporting documents when available: recent account statements, vehicle titles, appraisals, and the decedent’s death certificate. Keep copies of everything and record how you determined values. Courts and third parties (banks, DMV) often require proof before releasing assets.

Where to get official guidance and forms in Hawaii

Check the Hawaii State Judiciary for self-help resources and local probate forms. Visit the Hawaii State Legislature site to search the Hawaii Revised Statutes for probate and small estate provisions. Helpful starting points:

Hawaii State Judiciary — Self Help and Probate information: https://www.courts.state.hi.us/self-help
Hawaii State Legislature — Hawaii Revised Statutes and legislative information: https://www.capitol.hawaii.gov/

When to get help from a probate clerk or a lawyer

Contact the probate clerk in the county where the decedent lived if you have any doubt about which assets to list or whether the small estate affidavit covers the property. Consider consulting an attorney if:

The estate’s asset types or total value hover near the statutory limits.
You face competing claims, contested beneficiary designations, or unclear title documents.
Real property might be involved or creditors assert claims.

Helpful Hints

Start by making a master list of all known assets and mark whether each item has a beneficiary designation, is jointly owned, or is trust property.
Only include in the affidavit the probate assets you intend to collect. For other assets, explain why they do not belong in the affidavit (named beneficiary, joint tenancy, trust).
Provide fair market values as of the date of death; document those values with statements or appraisals when possible.
Do not use $0 unless the asset had no value. Use “unknown” with an explanation if you cannot reasonably determine a value.
Attach the decedent’s death certificate and any supporting documents to the affidavit to speed processing by banks and government offices.
If the decedent owned real estate, verify whether the small estate process in Hawaii allows transfer of title for real property before trying to include it.
Contact the probate clerk before filing if you have any doubt — clerks can often confirm whether your planned affidavit appears appropriate for the assets involved.

Disclaimer: I am not a lawyer. This article provides general information about handling small estate affidavits in Hawaii and does not constitute legal advice. Laws and procedures change. For advice about a specific situation, consult a licensed Hawaii attorney or the probate clerk in the appropriate county.