Detailed Answer

Short answer: In Hawaii, you generally prepare an affidavit that lists the decedent, identifies the claimant(s), and itemizes the decedent’s personal (non‑real) property and its estimated value. You sign it under oath, have it notarized, and present it either to the holder of the property (for example, a bank or vehicle registry) or to the court when the situation requires. The exact form, supporting documents, and whether the affidavit can be used in place of formal probate depend on Hawaii law, the type and value of property, and the institution that holds the assets.

Important note: This is general educational information, not legal advice. Consult a licensed Hawaii attorney for case‑specific guidance.

1. Overview — What the affidavit does and when to use it

An affidavit accounting for personal property in a small estate case is a sworn written statement by a person claiming the right to collect or distribute a deceased person’s personal property without full probate administration. Many institutions (banks, life insurance companies, vehicle registries) accept an affidavit and supporting documents to release assets. In some cases, the probate court also permits summary or small‑estate procedures to handle distributions. Whether you can use this shortcut depends on (a) Hawaii statutory rules, (b) the asset holder’s policies, and (c) whether creditors or other heirs contest the distribution.

2. Check eligibility and legal limits

Before you prepare an affidavit:

• Determine whether the estate qualifies as a “small estate” under Hawaii law or under the policies of the holder. Many states set a dollar limit on personal property that can be collected by affidavit; Hawaii law and individual institutions may have different thresholds.
• Confirm whether the item is the kind of asset that can be transferred by affidavit. Common acceptances include bank accounts, personal belongings, and some life insurance or retirement benefits. Real estate and some complex assets usually require formal probate.

To find the exact statutory provisions for Hawaii, review the Hawaii Revised Statutes and the Hawaii Judiciary’s probate self‑help resources. Useful starting points: Hawaii Legislature statutes search at https://www.capitol.hawaii.gov/hrscurrent/ and the Hawaii State Judiciary self‑help pages at https://www.courts.state.hi.us/self-help.

3. Documents and information to gather

Collect these items before drafting the affidavit:

• Certified copy of the decedent’s death certificate.
• Your photo ID and proof of relationship to the decedent (marriage certificate, birth certificate, beneficiary designation, written will naming you, etc.).
• Documents showing ownership or control of the property (bank statements, account numbers, vehicle title, insurance policies, retirement account statements).
• If possible, an informal inventory listing each item of personal property, who you say is entitled to it, and the estimated fair market value.
• Any relevant will or beneficiary designation documents.

4. How to draft the affidavit — required content and form

Hawaii does not require one single statewide template for all small estate affidavits; however, the affidavit should contain these elements:

1. Title and identification: Clearly label the document (e.g., “Affidavit for Collection of Personal Property of Decedent”).
2. Decedent details: Full legal name, date of death, last known address.
3. Affiant details: Your full name, address, relationship to the decedent, and statement of why you are entitled to the property (heir, surviving spouse, named beneficiary, etc.).
4. Statement of authority: A sworn statement that no personal representative has been appointed and no probate administration is pending (or, if there was a small prior probate, identify it).
5. Itemized accounting: A clear list of each piece of personal property you are asking to collect or distribute (account numbers, description of items, vehicle VINs, cash amounts), the estimated value of each item, and to whom each item should be delivered.
6. Limit statement: A declaration that the total value of the personal property claimed falls within the small‑estate threshold (if applicable under Hawaii law or the holder’s rules).
7. Creditor/claim notice language: If required by statute or by the holder, a short statement regarding known creditors and that creditors’ claims are unresolved—include any statutory waiting periods if you know them.
8. Signature, date, and notarization: You must sign under oath (or affirmation) before a notary public or other authorized official.

Tip: Many banks and agencies provide their own affidavit forms or checklists. Ask the holder whether they require a specific form and use it when available.

5. Where to present the affidavit — institution vs. court

Two common paths:

• Present to the asset holder: For small amounts of personal property, banks, insurers, or private holders often accept the affidavit and required documents to release funds or property directly to you. That avoids court filing.
• File with the probate court: If the holder refuses to pay, if there is a dispute, or if Hawaii law requires court involvement for that asset type or value, you may need to file the affidavit or a petition for summary administration with the Hawaii probate court in the county where the decedent lived. The Hawaii Judiciary self‑help site lists local court contacts and filing requirements at https://www.courts.state.hi.us/.

6. Typical step‑by‑step process

1. Confirm eligibility with statute or court clerk; ask the asset holder what they accept.
2. Collect the documents listed above (death certificate, ID, account info).
3. Draft the affidavit with the elements listed in section 4. Many financial institutions provide sample forms or will tell you what wording they prefer.
4. Sign the affidavit before a notary public.
5. Deliver the affidavit and the supporting documents to the holder. Ask for written confirmation of acceptance and the method and timing of release.
6. If the holder refuses, contact the local probate court about filing requirements, or consult a Hawaii attorney for next steps.

7. When to get legal help

Talk with a Hawaii probate attorney if any of the following apply:

• The estate includes real property, contested assets, or complex debts.
• Heirs or beneficiaries dispute the distribution.
• The estate appears to exceed the small‑estate threshold under Hawaii law or the asset holder refuses to accept an affidavit.
• You need to notify or handle creditor claims properly to avoid personal liability.

A lawyer can draft the affidavit or prepare a petition for summary administration and represent you in court, if necessary.

8. Simple checklist (affidavit accounting for personal property)

• Certified death certificate (1–2 copies).
• Affiant photo ID and proof of relationship.
• Any will or beneficiary designations.
• Inventory listing items and estimated values.
• Signed and notarized affidavit with required elements (see section 4).
• Bank/forms requested by the asset holder.

Additional resources & statutes

Research Hawaii statutes and court forms:

• Hawaii Revised Statutes — search page: https://www.capitol.hawaii.gov/hrscurrent/. Search terms: “affidavit,” “small estate,” “personal property,” “probate.”
• Hawaii State Judiciary self‑help and probate information: https://www.courts.state.hi.us/self-help.

Because statutory language and thresholds change, check the current HRS provisions and local court rules before you act.

Helpful Hints

• Ask the holder first: Some banks or insurers will give you their exact affidavit form—use it to avoid needless delay.
• Don’t mix in real property: Small‑estate affidavits typically do not transfer land or real estate; those items usually require formal probate.
• Get certified documents: Institutions often require certified death certificates and original or certified copies of wills.
• Be conservative with values: Use fair market estimates and document how you arrived at numbers.
• Keep records: Save copies of the affidavit, all notices you send, and any written confirmations from banks or agencies.
• Watch creditor deadlines: If Hawaii law requires waiting periods or creditor notice, follow them to avoid claims later.
• When in doubt, ask the probate clerk: Court clerks can tell you whether the court accepts a particular small‑estate procedure or form.

Final reminder: This article explains general procedures for informational purposes only and does not constitute legal advice. For advice tailored to your situation, contact a licensed attorney in Hawaii.