FAQ: Records Needed to Show Asset Transfers Under Hawaii Small Estate Procedures

Disclaimer: I am not a lawyer. This article explains general information about Hawaii small estate procedures and the typical records that institutions and courts ask for. This is educational only and not legal advice. Consult a licensed Hawaii attorney for advice about a specific estate.

Detailed answer — what you must collect and why

In Hawaii, small estate procedures (often called collection of personal property without full administration) focus mainly on transferring personal property and certain accounts after a person’s death. Before you begin, confirm whether the property you want to transfer qualifies under Hawaii law (personal property vs. real property, and any statutory dollar limit). See the Hawaii Revised Statutes, Chapter 560 (Disposition of Personal Property Without Administration) for the governing rules: HRS Chapter 560.

When you ask a bank, title company, or other holder of assets to release or transfer assets under Hawaii’s small estate procedures, they will generally want the following documentation:

Certified copy of the decedent’s death certificate
Obtain several certified copies from the Hawaii Department of Health – Vital Records (many institutions require original certified copies, not photocopies): Hawaii Vital Records.
Identification for the person requesting the transfer
Government photo ID (driver’s license, passport) for the person who will receive the property or submit the affidavit.
Small-estate affidavit or statutory form
Hawaii law allows collection of personal property without full administration by using the procedures set out in Chapter 560. The affidavit (or sworn statement) normally must say who is requesting the property, the decedent’s date of death, a statement of the estate’s value (or that the estate qualifies under the small-estate rules), and an oath that no proceedings for administration are pending. The custodian (bank, insurer, or other holder) will usually have its own form or require the statutory affidavit.
Itemized asset list and supporting evidence of ownership/value
For each asset being collected include documentation that proves ownership and current value. Examples:

Bank and brokerage accounts: recent account statements showing balances and ownership (account number partially masked is fine for copies).
Safe-deposit box contents: inventory and any bank release or affidavit.
Life insurance and retirement accounts: policy statements, beneficiary designation forms, and recent account/benefit statements.
Vehicle titles: the original title (signed or properly reassigned) or duplicate title application and title transfer forms.
Stock certificates or account statements for securities: current statements or certificates.
Personal property receipts or appraisals for items of substantial value (antiques, jewelry) if required by the custodian.

Proof of relationship or entitlement
A copy of the will (if any), a certified court-issued document identifying heirs, or written proof of beneficiary designation. If you claim property as a surviving spouse or next of kin, bring documents that show that relationship (marriage certificate, birth certificates, etc.).
Affidavit of heirship or witness statements (if required)
Some custodians ask for an affidavit signed by disinterested witnesses or by the heirs confirming family relationships and that no probate is open.
Signed releases, receipts or indemnity/hold-harmless agreements
Institutions sometimes require the person accepting the assets to sign a receipt or an indemnity clause promising to hold the institution harmless from future claims.
Proof that estate qualifies as a small estate
Many small estate procedures impose a dollar threshold or limit which excludes real property. If you assert the estate is small under HRS Chapter 560, be prepared to show account balances, appraisals, or other evidence that the total subject-to-collection personal property falls within the statutory scope.

Additional procedural items to expect:

If an institution will not release assets on an affidavit alone, you may need a short court filing (summary administration) or an order from the probate court. Check the Hawaii Judiciary self-help probate resources to see whether a court filing is necessary: Hawaii State Judiciary.
Real property (real estate) is often excluded from small-estate collection procedures and typically requires formal probate or administration (opening an estate). Always check Chapter 560 and related probate provisions before attempting to transfer real property.
Keep originals and get multiple certified copies of the death certificate. Financial institutions commonly require a certified certificate for each account or asset.

Typical documents checklist (summary)

Certified death certificate(s) (multiple copies)
Photo ID of the requester
Statutory small-estate affidavit or custodian’s form (signed and notarized)
Itemized list of assets to be collected
Recent account statements, title certificates, policy statements, appraisals, deeds (as applicable)
Copy of will and beneficiary designation forms (if applicable)
Proof of relationship (marriage/birth certificates) if claiming as heir
Signed receipts/releases or indemnification forms demanded by the asset holder

How to present records and avoid delays

– Order several certified death certificates as your first step. Institutions frequently require an original certified copy.
– Contact each asset holder in advance and ask exactly which documents they require (some banks will accept an affidavit and one certified copy; others insist on paperwork specific to their institution).
– Provide current account statements (within 30–90 days) rather than old records.
– If vehicle title transfer is needed, contact the Hawaii Department of Motor Vehicles for title transfer instructions and forms.
– Keep a single organized packet for each custodian: affidavit, death certificate, proof of ownership for the items they hold, ID, and signed releases.

When to talk to an attorney

Consult a Hawaii probate or estate attorney when:

The estate includes real property, uncertain ownership, or large/complex assets.
Heirs dispute entitlement or a will’s validity.
The custodian refuses to accept the affidavit or demands a court order.
The estate’s value is near or exceeds any statutory limits or there are possible creditor claims.

To review the statute text applicable to small-estate collection in Hawaii, see the Hawaii Revised Statutes, Chapter 560: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/. For forms and court specifics, check the Hawaii Judiciary website: https://www.courts.state.hi.us/.

Helpful hints

Get multiple certified death certificates (many institutions require originals).
Ask the custodian for a written list of required documents so you bring everything in one trip.
Keep copies and a dated log of every document you submit and every person you speak to.
Clarify whether the institution needs a notarized affidavit, original documents, or certified copies.
Check whether a beneficiary designation already controls (life insurance, retirement accounts often bypass probate).
Don’t assume real property transfers qualify for small estate procedures — verify under HRS Chapter 560 and seek counsel if in doubt.
If an institution asks for a court order, consider a short (summary) probate filing rather than prolonged disputes.

Final reminder: this content provides general information about documents commonly required when collecting assets under Hawaii’s small estate procedures. It does not replace advice from a licensed attorney who can analyze your specific facts and advise about HRS Chapter 560 and any applicable thresholds, timelines, or creditor-notice requirements.