How to Confirm Bank Account Balances for Hawaii’s $20,000 Small Estate Process

Detailed Answer

This explains how to determine whether a decedent’s bank accounts (and other personal property) fall under Hawaii’s $20,000 small estate threshold so you can use the simplified small‑estate process. This is general information only and not legal advice. If you need help applying these steps to your situation, consider contacting a Hawaii probate attorney or the probate court.

1. What the $20,000 limit means

In Hawaii the small‑estate process applies to the decedent’s personal property that is subject to probate and whose total value does not exceed $20,000. That dollar amount refers to the value of probate assets (personal property that must pass under probate rules). It does not include property that passes outside probate such as money in an account held jointly with right of survivorship, accounts with Payable‑on‑Death (POD) or Transfer‑on‑Death (TOD) beneficiaries, assets titled in a living trust, or most retirement accounts and life insurance that name beneficiaries.

For the governing law on probate and summary proceedings in Hawaii, see Hawaii Revised Statutes, Chapter 560 (Probate Code): https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0584/HRS0560/.

2. Practical step‑by‑step: How to find the relevant bank balances

1. Gather the decedent’s financial records. Look for checkbooks, online banking login info (saved in a browser or password manager), monthly statements, tax returns, or a list of institutions where accounts may exist.
2. Obtain certified copies of the death certificate. Banks and other institutions will require an official death certificate to release any account information or to begin distribution steps.
3. Contact each bank or credit union directly. Call the branch where the account is held or use the bank’s probate/estate department. Ask for a certified account balance as of the date of death and request copies of the most recent statements. Write down the name and contact info of the person you speak with and the date/time.
4. Ask whether each account is a probate asset. Specifically ask the bank if the account is titled solely in the decedent’s name, jointly with rights of survivorship, or has a POD/TOD beneficiary. An account titled solely in the decedent’s name is likely a probate asset; joint accounts and POD accounts usually pass outside probate.
5. Get proof in writing. Ask the bank to provide a written verification or certified statement showing the account balance on the date of death and the account’s title status (sole, joint, POD, etc.). Many banks will provide a letter for the estate or a probate department form.
6. Identify non‑bank assets that count. For small‑estate calculations include other personal property that must go through probate (cash on hand, physical valuables, certain vehicles if title shows sole ownership, personal property). Exclude assets that pass by beneficiary designation, jointly owned with survivorship, or in a valid trust.
7. Calculate the total value of probate personal property. Add the certified balances of all probate bank accounts and the value of any other probate personal property. Subtract any liens that reduce net value only if the law or court treats them as reducing the amount subject to distribution (if unclear, consult the probate clerk or an attorney). If the total is $20,000 or less, the small estate procedure may be available.

3. Common complications and how to handle them

• Joint accounts: If a bank account is joint with right of survivorship, the surviving owner often becomes sole owner automatically and the account is typically not part of the probate estate. Ask the bank for its policy and for documentation they require to retitle the account.
• POD/TOD beneficiaries and designated payees: These accounts are usually paid directly to the named beneficiary and are not part of the probate estate. Confirm with the institution.
• Online/hidden accounts: Search email, safe deposit boxes, tax returns, and debtor/creditor records. Banks may require a court order or certified letters if they cannot locate an account but you suspect one exists.
• Banks refuse to share balances: Provide a death certificate and proof of your relationship or role (e.g., executor). If the bank still refuses, the probate court clerk can advise on filing a request or you may need a court order compelling disclosure.
• Debts and liens: Some debts reduce what the heirs actually receive. Small‑estate procedures may still allow distribution after paying funeral and reasonable expenses, but check with the court about order of payment. The Hawaii Probate Code outlines creditor claims procedures—see Chapter 560 referenced above.

4. Using the small‑estate (summary) procedure

Once you confirm the value of probate personal property is $20,000 or less, you can generally proceed with Hawaii’s simplified procedures for small estates. The specifics (forms required, whether you file an affidavit or a small estate petition, whether you must give notice to creditors) can be confirmed with the probate clerk in the circuit where the decedent lived. For procedural guidance and local forms, start at the Hawaii State Judiciary’s probate/self‑help resources: https://www.courts.state.hi.us.

5. When to get help from the probate court or an attorney

• Any time the ownership status of accounts is unclear.
• If banks refuse to provide statements or will not accept a small‑estate affidavit without a court order.
• When the estate has unresolved debts, tax issues, or creditor claims that may affect whether the small‑estate process is appropriate.
• If there are disputes among heirs over ownership or distribution.

Quick checklist you can use now

1. Obtain multiple certified copies of the death certificate.
2. Make a list of likely banks and financial institutions.
3. Contact each institution, request a written balance as of date of death, and ask about title/POD/joint status.
4. List other probate personal property and estimate values.
5. Add up only probate assets; if the total is ≤ $20,000, contact the probate clerk about small‑estate forms and next steps.

Where to find the official rules

Hawaii’s probate statutes are in the Hawaii Revised Statutes, Chapter 560 (Probate Code): https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0584/HRS0560/. For court procedures and local forms, see the Hawaii State Judiciary website: https://www.courts.state.hi.us.

Helpful Hints

• Do not assume account balances shown online after the date of death reflect the balance at death—always get a bank’s certified balance as of the date of death.
• Ask for the bank’s probate or estate department contact—many institutions have a specific process for deceased‑customer accounts.
• Keep a careful paper trail: letters, names of bank representatives, dates and times of calls, and copies of any written statements from banks.
• Remember the $20,000 limit applies to probate assets only. Confirm whether an asset is probate or non‑probate before including it in your calculation.
• If heirs disagree, avoid moving money until you have a written agreement or court direction—distributing funds prematurely can create liability.
• When in doubt, ask the probate court clerk for procedural guidance. Clerks can explain filing steps but cannot give legal advice about what to do in a contested or complicated situation.
• Consider a short consult with a probate attorney if you encounter refusals, hidden assets, or complex ownership questions; a lawyer can often resolve bank resistance more quickly.

Disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice about a specific case, consult a licensed attorney in Hawaii or contact the probate court.