Detailed Answer
In Hawaii, an heirship affidavit for real property is not recognized in the same way as in other states. Instead, Hawaii law offers a Small Estate Affidavit under Hawaii Revised Statutes §560:3-811 (link) for transferring personal property when certain conditions are met. For real property or larger estates, you must open a probate estate or seek summary administration under HRS chapter 560.
Eligibility Criteria
- The decedent was domiciled in Hawaii and died intestate (without a will).
- No real property located in Hawaii is involved.
- The total value of the decedent’s personal property in Hawaii does not exceed $50,000.
- No formal probate or administration proceeding is pending in any jurisdiction.
Step-by-Step Preparation
- Gather essential information: the decedent’s full legal name, date of death, last domicile in Hawaii, and an estimated value of personal property. Obtain a certified copy of the death certificate.
- Identify all heirs: List each heir’s full name, relationship to the decedent, and contact information. Confirm their entitlement under HRS §560:2-102 (intestacy rules).
- Draft the affidavit: Include a statement that the affiant is entitled to the property, details of the property to be transferred, and a declaration that no probate is pending. Use language consistent with HRS §560:3-811.
- Notarization: Sign the affidavit before a notary public and attach the certified death certificate.
- File with the court: Submit the original affidavit and any required filing fee to the clerk of the circuit court in the circuit where the decedent resided.
- Distribute property: Present certified copies of the filed affidavit to financial institutions or holders of personal property to claim assets.
Helpful Hints
- Verify asset values: Obtain appraisals for vehicles or jewelry to ensure the total remains under $50,000.
- Keep accurate records: Maintain a copy of the filed affidavit and all supporting documents.
- Notify all heirs: Provide notice to potential heirs even if they waive their rights.
- Consult an attorney: If the estate exceeds the threshold or involves real property, seek legal counsel.
- Check deadlines: There may be time limits for filing a Small Estate Affidavit after death.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.