In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Hawaii, the law provides a simplified process for administering small estates through the use of a small estate affidavit or a summary probate process. According to Hawaii Revised Statutes §560:3-1201, if the value of the entire estate of the decedent, less the value of property passing to a surviving spouse and excluding the value of any real property located outside of Hawaii, does not exceed $100,000, a small estate affidavit can be used to collect the decedent's personal property by the successor of the decedent. This affidavit can be presented to the person or institution holding the property 30 days after the decedent's death. Additionally, Hawaii law provides for a summary probate process for real property if the value of the property does not exceed a certain threshold. This process is less formal and can be faster than regular probate proceedings. An attorney can provide guidance on the specific procedures and documents required to utilize these small estate processes in Hawaii.