LAW OFFICE OF SAMUEL K.L. SUEN, LLLC
  • Home
  • Attorney Profile
  • Estate Planning
  • Probate
  • Conservatorship
  • Guardianship
  • Trust Administration
  • Blog
  • Testimonials
  • Contact

Hawaii Probate:  Collection By Affidavit in Hawaii

10/16/2013

 
     The probate process in Hawaii can be onerous, time-consuming and costly.  However, if the decedent's estate meets certain conditions, initiating a probate with the courts is sometimes not necessary.  Hawaii law, namely Haw. Rev. Stat Section 560:3-1201, allows a decedent's next-of-kin to collect the decedent's property by affidavit.  The following are the conditions that must be met for a decedent's property to be marshaled by a Collection by Affidavit:
  • The gross value of a decedent's estate is valued at $100,000 or less;
  • The estate does not contain any real property interests;
  • A probate has not been initiated in Hawaii;
  • The person presenting the affidavit is the decedent's successor; and
  • The affidavit must be notarized.
     "Successor" is defined as any persons who are entitled to property of a decedent under the decedent's Will or intestate succession.
     Furthermore, Haw. Rev. Stat. Section 531-20 mandates that "every banking house, fiduciary company, agent, or trustee" must disclose the nature and kind of property being held when presented with the Collection by Affidavit.

     A drawback to the Collection by Affidavit method is that any next-of-kin could potentially sign an affidavit and collect the assets unbeknownst to the decedent's other relatives.  Obviously, this could lead to discord and friction between the decedent's relatives.  If the decedent desired the property to be given to a certain person(s), then leaving the assets to be collected by affidavit is not recommended.  The Collection by Affidavit method is simple, but can also be easily abused.

     Banks and other financial institutions usually have their own Collection by Affidavit forms or an attorney can draft an affidavit that could encompass the assets generally.  Either way, the Collection by Affidavit can be a cost-effective method to marshal a decedent's assets and a simple alternative to having to file for probate. 
George Redmond
5/25/2016 06:29:00 am

My brother passed away in Honolulu in March. He was married to a person who leave in California. A collection by affidavit was performed by the wife with the assistance of the her father. Is the wife considered the court appointed adminstrator of my estate in this circumstance? My brother estate was less than $100,000.

Lia
9/26/2017 12:27:54 pm

My father in law passed away suddenly and no will was made. He owns a home on another island and has a equity loan on it. My husband is the next of kin so he's making payments on the home but the bank wont release any info (pay off) until a we get something in writting by the courts. Do we need a probate attorney or would a "collection of affidavit" be suffice?

Marie Niosco
12/5/2017 05:34:59 pm

My husband died without a will. We own a home that is joint tenancy with my sister. We have joint credit bills and auto loans that I’m paying. I’m required to start a probate action to get a letter of testamentary for a company. My husband didn’t own any stocks but had 401k and pension thru his work that are now in my name. I don’t have much money to start a probate process. My husband’s asset was a lot less than $100,000. How can I proceed without costing an arm and a leg for attorney fees. I would appreciate your advise. Thank You


Comments are closed.

    Author

    Samuel K.L. Suen is an attorney based in Honolulu, Hawaii specializing in estate planning, probate, conservatorship and guardianship matters.

    Archives

    January 2017
    February 2015
    January 2015
    December 2014
    August 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012

    Categories

    All
    Abuse
    Advance Health Care Directive
    Conservatorship
    Divorce
    End Of Life
    Estate Planning
    Family Law
    Financial Planning
    Guardianship
    Intestate Succession
    Power Of Attorney
    Probate
    Probate Administration
    Real Property
    Retirement
    Tax
    Trust Administration
    Trustee
    Trusts
    Will

    RSS Feed

    DISCLAIMER:  All content and information is provided by The Law Office of Samuel K.L. Suen, LLLC and is for general informational and discussion purposes only and does not constitute legal advice.  Transmission of this information is not intended to create, and receipt does not constitute, a formation of an attorney-client relationship.    The information presented at this site is believed to be accurate when made, but may not be complete, is not updated, reviewed or revised on a regular basis.  No representations or warranties whatsoever, express or implied, are given as to the accuracy, applicability or validity of the information contained herein.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.  You should not act or rely on this information without consulting with a licensed attorney.
    To ensure compliance with requirements imposed by the IRS, please note that any U.S. federal tax advice contained herein is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained herein.
    Copyright © 2020 Law Office of Samuel K.L. Suen, A Limited Liability Law Company. All Rights Reserved.
Powered by Create your own unique website with customizable templates.
  • Home
  • Attorney Profile
  • Estate Planning
  • Probate
  • Conservatorship
  • Guardianship
  • Trust Administration
  • Blog
  • Testimonials
  • Contact