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Most people can draft and complete the affidavit without help from an attorney.
A Revocable Living Trust A trust can be a great mechanism to avoid probate and is the recommended method. While there are some upfront fees for creating a trust, the fees are typically much less than probate costs. Generally, you, as trustee, retain control of the assets held within the trust during your lifetime.
Small Estate Affidavit If an Hawaii estate has a gross value <$100,000, you can use the small estate process to settle the estate with no court involvement.
The property shall be divided equally among the intestate's children, and the issue of any deceased child by right of representation, and if there is no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all such descendants are in the same degree of kindred ...
Small Estate: If the person died owning real estate, no matter how small its value, a probate is required. However, if the total value of the assets is $100,000 or less, the Small Estates Division of the Circuit Court may be willing to handle the case for you.
In Hawaii, probate is only required under two circumstances: if the deceased owned any real estate in his or her name alone, no matter how small the value OR. if the total value of the deceased's personal property exceeds $100,000.
An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.
A Hawaii small estate affidavit can be used to bypass probate and court appearances in the distribution of a small estate. The form can be used by a successor to quickly and efficiently gather and distribute the personal property of a decedent whose estate is worth less than $100,000.