How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit in Hawaii | Hawaii Probate

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance on your specific situation.

Detailed Answer

In Hawaii, the small estate affidavit process lets you collect and distribute a decedent’s personal property without formal probate when the estate’s total personal assets do not exceed $20,000. This streamlined procedure is governed by Hawaii Revised Statutes (HRS) §§560:3-602.2 through 560:3-602.5.

1. Verify Eligibility for a Small Estate Affidavit

Under HRS §560:3-602.2, you may use this process if:

Total value of the decedent’s personal property (excluding homestead) is $20,000 or less.
The decedent did not leave any real property requiring probate.
No prior probate proceeding is pending for that estate.

2. Gather Necessary Information

Certified copy of the decedent’s death certificate.
Detailed inventory of personal assets and their fair market values.
List of heirs and their relationship to the decedent.
Any outstanding debts or known creditors.

3. Complete the Small Estate Affidavit

Prepare an affidavit under oath stating all required facts as outlined in HRS §560:3-602.3:

The decedent’s full name, date of death, and last residence.
Statement that no probate proceedings are pending.
Total value of personal property does not exceed $20,000.
Names, addresses, and heirship of all beneficiaries.

4. Submit the Affidavit to Property Custodians

Provide the original affidavit and certified death certificate to each holder of estate assets (banks, brokerages, businesses). Upon review, custodians will release the designated assets to the named heirs.

5. Distribute Assets to Heirs

Once you receive the assets, distribute them following Hawaii’s intestacy rules in HRS Chapter 560, Article II. Typically, assets pass to a surviving spouse, children, or other relatives in set proportions.

6. Maintain Accurate Records

Keep copies of all affidavits, receipts, and correspondence. Detailed records protect you if questions arise later.

Helpful Hints

Double-check asset valuations to stay within the $20,000 limit.
Notify known creditors; small estate procedures do not eliminate debts.
Confirm heir information with birth or marriage certificates to avoid disputes.
Retain originals and multiple copies of all documents.
Consider consulting an attorney if the estate has any complexities or if values approach the statutory limit.