Detailed Answer
Under Hawaii law, individuals may use a small estate affidavit to transfer certain personal property if the gross value of the decedent’s personal property in this State does not exceed $20,000. For the exact threshold, see HRS §560:3-1202. A properly prepared affidavit lets heirs collect assets such as bank accounts, vehicle titles, and certificates of deposit without formal probate.
1. Certified Death Certificate
Obtain at least one certified copy of the decedent’s long-form death certificate. This document must show the legal name and date of death.
2. Small Estate Affidavit Form
Use an affidavit template that complies with Hawaii requirements. The form must include:
- Decedent’s full legal name, date of birth, date of death, and last known address.
- A declaration that no probate proceeding is pending.
- A statement that the estate’s personal property value does not exceed the statutory threshold.
- Names, addresses, and relationships of heirs or beneficiaries.
3. Inventory of Assets with Values
Prepare a detailed list of all personal property and intangible assets subject to the affidavit. Include the estimated fair market value as of the date of death. Common assets include:
- Cash and bank account balances.
- Stocks, bonds, and mutual funds.
- Personal vehicles.
- Household furniture and electronics.
4. Proof of Heirship or Beneficiary Status
Attach documents that verify each heir’s relationship or beneficiary designation. Examples include birth certificates, marriage licenses, beneficiary forms, or adoption records.
5. Titles and Certificates for Specific Assets
Collect originals or certified copies of any asset titles requiring transfer:
- Vehicle titles (signed and notarized if required).
- Certificates of deposit or stock certificates.
- Titles for manufactured homes or trailers.
6. Financial Institution Documents
Provide recent account statements or letters from banks and credit unions. Many institutions also require their own affidavit acceptance forms.
7. Identification for the Affiant
Include a copy of a government-issued photo ID (e.g., driver’s license or passport) for the person signing the affidavit.
8. Additional Documents (If Applicable)
- Life insurance policy declarations.
- Retirement account statements.
- Digital asset access information (e.g., cryptocurrency wallets).
Once you assemble these documents, sign the affidavit in the presence of a notary public. Then, submit the original affidavit and required attachments to each entity holding estate assets. Keep certified copies for your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii to discuss your specific situation.
Helpful Hints
- Verify the total value of the decedent’s personal property before you begin. Confirm no real property is included.
- Review HRS §560:3-1202 for up-to-date thresholds.
- Contact each bank or institution in advance to learn about any additional affidavit or acceptance forms.
- Keep copies of every document you submit, along with proof of delivery.
- If multiple heirs exist, coordinate in writing to avoid disputes over asset distribution.
- Consider consulting a probate attorney if estate issues become complex or contested.