An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, a Non-Probate Affidavit for Collection of Personal Property of Decedent , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
The Affidavit for collection of personal property is a legal document used in the state of Hawaii to ensure the proper distribution of a deceased person's assets and belongings. It allows an individual, usually the executor of the estate or an authorized representative, to collect and distribute the personal property without having to go through the formal probate process. In Hawaii, there are two main types of Affidavit for collection of personal property: 1. Small Estate Affidavit: This type of affidavit is used when the total value of the decedent's estate, excluding real property, does not exceed a certain threshold determined by the state law. The threshold amount may vary over time and should be verified with the current regulations. 2. Fully Probated Affidavit: This type of affidavit is required for estates that exceed the small estate threshold or when the decedent owns real property such as land or a house. It involves a more comprehensive probate process to ensure the proper distribution and transfer of these assets. To complete the Affidavit for collection of personal property in Hawaii, the following information and steps are typically required: 1. Identification of the Affine: The person completing the affidavit must provide their full name, address, and relationship to the deceased. 2. Decedent's Information: The affidavit should include the full name, date of death, and last known address of the deceased individual. 3. Description of Property: A detailed list of the personal property to be collected and distributed should be provided. This may include items such as bank accounts, stocks, vehicles, furniture, jewelry, and other valuable possessions. 4. Value of Property: The estimated value of each item or asset listed should be provided. It is essential to be as accurate as possible to comply with state regulations and tax requirements. 5. Claim of Right: The affine must state that they are legally entitled to collect and distribute the personal property, which can be based on being named the executor in a will or authorized through intestate succession laws. 6. Signatures and Notarization: The affine's signature must be notarized to add legal validity to the affidavit. It is crucial to consult with an experienced attorney or legal professional to ensure compliance with the specific requirements of the Affidavit for collection of personal property in Hawaii. They can provide guidance based on the relevant state laws and assist in properly executing the affidavit to facilitate the efficient distribution of the decedent's personal property.
