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Estate Affidavit Guide

How to File Affidavit for Collection of Personal Property of the Decedent in Hawaii: Step by Step

To file Affidavit for Collection of Personal Property of the Decedent in Hawaii, you complete the official form under HRS § 560:3-1201 (Collection of Personal Property by Affidavit). Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.

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Filing Affidavit for Collection of Personal Property of the Decedent in Hawaii means completing the official form under HRS § 560:3-1201 (Collection of Personal Property by Affidavit). Here is the full sequence, with the statutory fact behind each step.

  1. Confirm the estate qualifies

    Add up the gross value of the decedent's estate located in Hawaii, not counting any motor vehicle registered in the decedent's name — it must be $100,000 or less. Confirm that no one has applied for or been granted appointment as personal representative in Hawaii. View source →

  2. Get a certified copy of the death certificate

    You'll need to submit a certified copy of the death certificate along with the affidavit — most holders won't accept a photocopy or a funeral home's memorial copy.

  3. Complete Form 3C-E-210 (or 3C-E-312 for a vehicle)

    Hawaii's official statewide form tracks the statute's own three required statements: the estate's gross value doesn't exceed $100,000 excluding vehicles, no personal representative has been appointed or is pending, and you're entitled to the property as successor. Use Form 3C-E-312 instead if you're specifically transferring a motor vehicle — it has its own fields for the VIN, license number, make, model, and year. View source →

  4. Sign the affidavit before a notary

    The affidavit must be sworn to and signed before a notary public before it's presented to any holder of the decedent's property.

  5. Present the affidavit and death certificate to the holder

    Deliver the notarized affidavit and certified death certificate to whoever holds the property — a bank, an employer owing final wages, or a stock transfer agent. The vehicle-specific affidavit goes to the relevant county's vehicle registration office instead.

  6. If the holder refuses, cite HRS § 560:3-1202 directly

    That section fully discharges a holder that pays or delivers property in reliance on a compliant affidavit, and separately allows a court proceeding to recover the property or compel payment if a holder refuses despite a properly completed affidavit.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company .

Get the official Hawaii form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: Official Affidavit for Collection of Personal Property of the Decedent form . Form 3C-E-210, "Affidavit for Collection of Personal Property of the Decedent," is Hawaii's official statewide fill-in affidavit, published directly by the Hawaii State Judiciary (confirmed by direct PDF extraction — form number, revision code "RG-LC-508 (8/2014)," and the statute's own required statements are printed on the form itself). A separate official form, 3C-E-312, covers a motor vehicle specifically — a vehicle can be transferred with this second affidavit regardless of its value, since vehicles are excluded from the $100,000 estate-value test entirely, not merely given a higher sub-limit.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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