Hawaii Small Estate Affidavit

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 1 – Download in Adobe PDF or Microsoft Word (.doc) (Form RG-LC-508).

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.