HI risk area

Probate risk in Hawaii

Court-supervised estate process, timing, cost exposure, and public record requirements.

Hawaii allows collection of personal property by affidavit for smaller estates and provides a clerk-administered process when no personal representative is appointed.

How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?

At a glance

Key takeaways

Affidavit collection is available when the Hawaii estate value does not exceed $100,000.
Motor vehicles titled to the decedent may be transferred regardless of value under the affidavit process.
No personal representative may be pending or appointed for the affidavit process.
The clerk of court may administer estates of $100,000 or less when no personal representative is appointed.

Questions to consider

Questions this risk area helps you evaluate in Hawaii

How long does probate typically take here?
What costs and fees should families expect?
What becomes public during probate?

State overview

Hawaii allows collection of personal property by affidavit for smaller estates and provides a clerk-administered process when no personal representative is appointed.

Affidavit collection is available when the Hawaii estate value does not exceed $100,000.
Motor vehicles titled to the decedent may be transferred regardless of value under the affidavit process.
No personal representative may be pending or appointed for the affidavit process.
The clerk of court may administer estates of $100,000 or less when no personal representative is appointed.
The small-estate affidavit must be a sworn statement by a successor describing the property and entitlement.

Sources

Risk sources

Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).

National sources provide baseline context; state statutes and court rules control in Hawaii.

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