Hawaii Small Estate Affidavit (Form 3C-E-210)

• Maximum Amount: $100,000. Motor vehicles registered in the decedent’s name may be transferred regardless of value and are not counted toward the limit. The affidavit covers personal property only, not real estate.^[1]
• Signing Requirements: Sworn under oath.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: No waiting period; the affidavit may be presented with a certified death certificate.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse (or reciprocal beneficiary) receives the entire estate; Hawaii’s lowest guaranteed spousal first share is $220,000, which is more than the $100,000 small estate limit.^[6]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[7]

Step 1 – Confirm the Estate Qualifies

The gross value of the decedent’s Hawaii estate must be $100,000 or less (motor vehicles excluded), and no personal representative may have been appointed or be pending.^[8]

Step 2 – Obtain the Death Certificate

Obtain a certified copy of the decedent’s death certificate.^[9]

Step 3 – Complete the Affidavit

Complete the Affidavit for Collection of Personal Property of the Decedent (Form 3C-E-210), or the automobile version (Form 3C-E-312) for a vehicle.^[10]

Step 4 – Sign

Sign the affidavit under oath.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the notarized affidavit and death certificate directly to the bank, transfer agent, employer, or DMV to collect or transfer the property.^[12]