Laws

Days after Death – Since no exact statute addresses a waiting period, a small estate affidavit can be filled out and used anytime in Hawaii.
Maximum Amount ($) – A small estate is defined as an estate worth less than $100,000. This amount excludes motor vehicles (H.R.S. § 560:3-1201).
Signing – Both Form 3C-E-210 and the Motor Vehicle Small Estate Affidavit require the affiant to sign in the presence of a notary public.
Motor Vehicles – If the decedent had a vehicle, then the heirs may be able to obtain the asset immediately by filing the Motor Vehicle Small Estate Affidavit and filing it with a local DMV Office.
Statute – Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates

How to File (4 steps)

1. Make a List of Assets

You can do this in a simple spreadsheet. Your list should itemize assets and indicate their respective values.

2. Download and Prepare Affidavit

Download Form 3C-E-210 and fill it out.

3. Get Affidavit Notarized

When you have completed the affidavit, you must swear to it and sign it before a notary public.

4. Collect the Assets

Use the affidavit to procure assets from a person, bank, or corporation. Ensure you keep copies of the affidavit and the death certificate, which you can obtain from a local health department office.

Hawaii Small Estate Affidavit | Affidavit for Collection of Personal Property of the Decedent

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