How to Record (4 Steps)

• Step 1 – Qualifications
• Step 2 – Complete Affidavit
• Step 3 – Notarize Affidavit
• Step 4 – Collect Property

Step 1 – Qualifications

To qualify as a small estate that can bypass probate, the following requirements must be met:

• The estate must be valued at $100,000 or less, excluding motor vehicles.
• The estate cannot include any real property.
• The affiant must be the decedent’s successor.
• There is no pending or approved appointment of a representative for the estate in Hawaii.

Step 2 – Complete Affidavit

The affiant will need to fill out the Affidavit for Collection of Personal Property of the Decedent. If more space is required to list the estate property, additional pages may be attached.

Step 3 – Notarize Affidavit

The completed affidavit will need to be taken to a notary public with a copy of the decedent’s death certificate attached thereto. The notary will need to witness and verify the affiant’s signature before applying their notary seal.

Death certificates can be requested through the mortuary that is overseeing the decedent’s funeral or directly from a vital records office. 

Step 4 –  Collect Property

Once the affidavit has been notarized, it can be presented as proof when taking possession of the decedent’s personal property. Any vehicles must be transferred by completing and notarizing an Affidavit for Collection of Personal Property (Automobile) of Decedent and presenting it to the local DMV. If any party refuses to pay, transfer, or deliver the decedent’s property and records upon presentation of the affidavit, the affiant can take legal action against them.