Probate in Hawaii: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Hawaii, family can collect personal property with a small estate affidavit if the estate in Hawaii is worth $100,000 or less, with no waiting period. Larger estates go through informal or formal probate. A transfer-on-death deed can pass a home. Hawaii has an estate tax above $5,490,000.

When someone dies in Hawaii, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Often the answer is no, or not for long. Hawaii has a small estate affidavit, a simple informal probate, a deed that passes a house without court, and its own estate tax. It is part of our state guides to estate planning. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Hawaii?

Yes, if the estate fits. Anyone holding the person's personal property, such as a bank, must hand it over to the people entitled to it when they present two things (HRS 560:3-1201):

A death certificate.
An affidavit saying the gross value of the estate in Hawaii is $100,000 or less, and that nobody has applied to be personal representative in Hawaii.

Here is what to know:

It covers personal property only: bank accounts, stocks, money owed to the person, and belongings. Not real estate.
The statute sets no waiting period.
A car registered to the person can pass by affidavit whatever its value.
The state Department of Human Services can use the affidavit to recover its own Medicaid-type costs, and its affidavit comes first.

Hawaii has two other light options. For property worth $100,000 or less with no personal representative, the court can authorize the clerk of the circuit court to handle the estate (HRS 560:3-1205). And if the estate is used up by family allowances, funeral costs and last-illness bills, the personal representative can distribute it right away and close it with a sworn statement (HRS 560:3-1203, 560:3-1204).

Who inherits if there's no will?

Hawaii's intestacy law decides. A surviving spouse and a surviving reciprocal beneficiary are treated the same (HRS 560:2-102).

Family situation	Spouse or reciprocal beneficiary receives
No children or other descendants, and no parent living	Everything
All descendants are shared, and the spouse has no other children	Everything
No descendants, but a parent is living	The first $400,000 plus three-fourths of the rest
All descendants are shared, but the spouse has children from another relationship	The first $330,000 plus one-half of the rest
Some of your descendants are not your spouse's	The first $220,000 plus one-half of the rest

These amounts were raised in 2023. Older articles may show lower figures.

Anything that doesn't go to a spouse passes in this order (HRS 560:2-103):

Your descendants, by representation.
Your parents, equally, or the surviving parent.
Your parents' descendants: brothers, sisters, nieces and nephews.
Your grandparents and their descendants.
The descendants of a spouse or reciprocal beneficiary who died before you.

Friends never appear on this list. If you want a friend, a charity or a kind neighbor to receive anything, it has to be in a will or trust. Hawaii accepts a will written entirely in your own hand, even unwitnessed (HRS 560:2-502). Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Hawaii calls the executor a "personal representative." If more than one person wants the job, the law sets the order (HRS 560:3-203):

The person named in a probated will.
A surviving spouse or reciprocal beneficiary who inherits under the will.
Other people who inherit under the will.
The surviving spouse or reciprocal beneficiary.
Other heirs.
Any creditor, 45 days after death.

People in groups 2 through 5 may nominate someone else to take their place.

Can someone out of state serve? Yes. Hawaii's statute lists no residency or family requirement. The only bars are being under 18 or being found unsuitable by the court. A son in Oregon or a niece in Arizona can serve. In informal probate, no bond is required unless the will asks for one or an interested person demands it (HRS 560:3-603).

Informal or formal probate: which one?

Hawaii follows the Uniform Probate Code model. Informal probate is an application to the court's registrar, with no hearing (HRS 560:3-301). Formal probate goes before a judge.

A will generally must be probated within five years of death, with some exceptions (HRS 560:3-108). Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

The personal representative publishes a notice once a week for two weeks. Creditors then have four months after the first publication to come forward (HRS 560:3-801).

Known creditors who get written notice have the later of four months after publication or 60 days after the notice. If no notice is ever given, debts from before death are barred 18 months after death (HRS 560:3-803).

How much is the personal representative paid?

Hawaii says "reasonable compensation," with no percentage schedule (HRS 560:3-719). If the will sets a fee, the personal representative can turn it down before taking the job and take reasonable pay instead. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer-on-death deed. Hawaii has allowed them since 2011 (HRS 527-5, 527-9).

It must be a recordable deed that says the transfer happens at your death.
It must be recorded with the Bureau of Conveyances, or filed with the Land Court assistant registrar for Land Court property, before your death.
The beneficiary doesn't have to be told, agree or pay anything.
Tearing it up doesn't revoke it. Only a later recorded document does (HRS 527-11).

A living trust is the other common way to keep a home out of court. In Hawaii, a trust signed on or after January 1, 2022 is revocable unless it says otherwise (HRS 554D-602). Our posts on what a trustee does and how to avoid probate compare the options.

Will my heirs owe Hawaii estate tax?

Possibly. Hawaii has its own estate tax, and its exclusion is $5,490,000, fixed in the statute and not adjusted for inflation (HRS 236E-6). That is far below the federal amount, so an estate can owe Hawaii tax and no federal tax.

Rates start at 10% and rise to 20% on amounts over $10,000,000 (HRS 236E-8, Form M-6 instructions). A surviving spouse can use a deceased spouse's unused exclusion, but only if a Hawaii return is filed on time. No inheritance tax was found.

Which path fits?

Situation	Likely path
Personal property in Hawaii worth $100,000 or less	Small estate affidavit
Only a car	Vehicle affidavit, any value
Estate used up by funeral, last-illness bills and family allowances	Summary administration
A home with a recorded transfer-on-death deed	No probate for the house
Larger estate, no dispute	Informal probate
A dispute over the will or who serves	Formal probate

Here is a typical case, a composite. Helen, 77, lived in Kaneohe and never married. Her condo had a recorded transfer-on-death deed naming her niece, and her accounts were under $100,000. Her niece used the affidavit for the accounts, and the condo passed under the deed.

Some people would rather not leave this to a niece on the mainland. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Hawaii financial power of attorney guide and Hawaii medical power of attorney guide.

Common questions

What is the small estate limit in Hawaii?

The gross value of the estate in Hawaii must be $100,000 or less. The affidavit covers personal property only, there is no waiting period in the statute, and a car can pass by affidavit at any value.

Does a surviving spouse inherit everything in Hawaii?

Only when there is no will and either there are no descendants and no living parent, or all the descendants are shared and the spouse has no other children. Otherwise the spouse takes a set dollar amount plus a share of the rest.

Can someone who lives in another state be a personal representative in Hawaii?

Yes. Hawaii lists no residency requirement. The only bars are being under 18 or being found unsuitable by the court.

Does Hawaii have an estate tax?

Yes. The exclusion is $5,490,000 and is not indexed for inflation, with rates from 10% to 20%. Hawaii has no inheritance tax that we found.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Hawaii: the rules, signing and who to namePower of attorney in Hawaii is durable by default and needs no witness. Notarize it anyway: banks must accept a notarized one within 7 business days.State guidesMedical power of attorney in Hawaii: how it works, how to signMedical power of attorney in Hawaii: sign with two witnesses or a Hawaii notary, who can't witness, end-of-life wishes, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.