Hawaii probate code · checked October 2026
For money and belongings, Hawaii's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The Hawaii affidavit collects personal property only; it cannot transfer real estate. Hawaii sets no waiting period for its affidavit.
The affidavit limit today: $100,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: no statutory waiting period.
For a surviving spouse: No different affidavit cap when the claimant is the surviving spouse.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. |
| Summary administration procedure for small estates (HRS § 560:3-1203) | — | Summary administration (§ 560:3-1203) follows the allowances-plus-expenses formula with no fixed dollar cap. |
Motor vehicles registered in the decedent's name may be transferred under § 560:3-1201 REGARDLESS of value - they are expressly excepted from the $100,000 gross-value cap.
HRS § 560:3-1201(a) requires no statement that debts have been paid; note the Department of Human Services affidavit for medical assistance / financial assistance claims (§ 346-15, 346-37) has statutory priority over any other affidavit claim.
Rules checked October 2026 · Sources: HRS § 560:3-1201; HRS § 560:3-1203; HRS ch. 527 (TOD deed). This page reads the published law; it is not legal advice, and the court is the final word.