Everything you need to know about Hawaii Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a), including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related HI probate forms.
There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.
Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) is a commonly used form within Hawaii. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a):
This form pertains to the State of Hawaii
The current version of this form was last revised on January 1, 1970
Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Hawaii’s Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) up to date, certain details can change from time-to-time with little or no communication.
Double check that you have both the correct form name and the correct form ID. Some Hawaii probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.
Fill out all relevant fields in Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a), take a break, and then review. Probate and estate settlement processes in HI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!
Note: If you don’t currently know all of the answers and are accessing Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).
Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.
This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.
It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.
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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.
While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.
Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Hawaii.
The sooner you begin, the faster Hawaii can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?
In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.
Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.
It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Hawaii. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.
If a house in the State of Hawaii is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.
If you’re not using Atticus to get specific forms, deadlines, and timelines for Hawaii probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Hawaii probate clerk or court for exact answers regarding Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.
Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) is one of the many probate court forms available for download through Atticus.
It may also be available through some Hawaii probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Hawaii.
While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Hawaii probate court office.
Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Hawaii-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.
Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a) is a probate form in Hawaii.
Hawaii has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Hawaii.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Hawaii, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a HI executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Hawaii Form Affidavit For Collection Of Personal Property (Automobile) Of The Decedent - Hawaii County (N/a). You can use this to get an idea of the context of the form and what type of information is needed.
AFFIANT’S SIGNATURE SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE NOTARY PUBLICMY COMMISSION EXPIRES: STATE OF HAWAII SEE FOLLOWING PAGE DECEASED STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) I, the undersigned affiant, being first duly sworn on oath, depose and say: 1. I am the successor of the above named decedent. A certified copy of the death certificate is submitted with this affidavit. 2. The asset sought to be transferred is a motor vehicle belonging to the decedent. 3. I am entitled to delivery of the motor vehicle referred to above and itemized below by virtue of H.R.S. Section 560:3-1201, as amended, and by virtue of my relationship to the decedent indicated above. 4. 5. I have read and understand HRS Section 560:3-1202 which is printed on the reverse side of this affidavit. I make this affidavit for the purpose of collecting the following motor vehicle: AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY (AUTOMOBILE) OF THE DECEDENT (AUTOMOBILE) OF THE DECEDENT 3C-E-312 In accordance with the Americans with Disabilities Act, as amended, and other applicable state and federal laws, if you require a reasonable accommodation for a disability when working with a court program, service or activity, please contact the ADA Coordinator at (808) 961-7424, FAX (808) 961-7411, or email adarequest@courts.hawaii.gov at least ten (10) working days before your proceeding, hearing or appointment date. RG-LC-508 (8/2014) THE ESTATE OF DATE OF DEATH RELATIONSHIP OF AFFIANT TO DECEDENT continuation page attached. TYPE OR PRINT NAME AND RESIDENCE OF AFFIANT STATE OF HAWAII CIRCUIT COURT OF THE THIRD CIRCUIT VIN: HAWAII LICENSE NO: MAKE: MODEL: YEAR: DATE AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY Reset Form Hawaii Revised Statutes: §560:3-1202 Effect of affidavit. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if that person dealt with a personal representative of the decedent. That person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right. [L 1996, c 288, pt of §1] AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY (AUTOMOBILE) OF THE DECEDENT 3C-E-312
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