Like many states, Hawaii allows successors to file a small estate affidavit if a loved one living in the state of Hawaii dies without a will, and the family or other successors wish to avoid probate court. A “small estate” in Hawaii is any owned real estate valued less than $100,000. There are also simplified probate procedures for small estates, but many families wish to avoid the time and expense of probate court with a small estate affidavit. This process is governed by Hawaii Revised Statutes Section 560:3-1201 & 1202.
How to Write
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.