Hawaii: Order of Succession Among Children in Intestate Estate Administration

Detailed answer — how heirs among children and their descendants inherit in Hawaii

When a person dies without a will (intestate) in Hawaii, the estate passes under Hawaii’s intestacy rules. The basic rule for descendants is straightforward:

• Surviving children inherit the decedent’s intestate share in equal parts.
• If a child died before the decedent but left children (the decedent’s grandchildren), those grandchildren step into the deceased child’s place and take that child’s share by right of representation (commonly called “per stirpes” distribution).
• If there are no surviving children or descendants, the estate moves to the next group of relatives designated by statute (parents, siblings, etc.).

These rules are set out in Hawaii’s intestacy statutes. See Hawaii Revised Statutes, Chapter 560 (Intestate Succession) for the statutory framework: HRS Chapter 560.

What “per stirpes” (representation) means — simple examples

Per stirpes means that a predeceased child’s share is taken by that child’s descendants, splitting the share that the child would have received.

Example A (all children survive): Decedent is survived by three children. Each child gets one-third of the intestate estate.

Example B (one child predeceased with descendants): Decedent had three children. One child died before the decedent but left two children (grandchildren). The two surviving children each receive one-third. The two grandchildren together receive the one-third that belonged to their parent, splitting that one-third equally (each grandchild gets one-sixth of the whole estate).

Example C (multiple predeceased children with descendants): If two of three children predeceased but left descendants, each deceased child’s share passes to that child’s descendants by representation. The net effect is the estate is divided into three shares (one per child) and each share flows to the live child or to that child’s descendants.

Special situations that affect order among children and descendants

• Adopted children. Legally adopted children generally inherit from and through their adoptive parents as if they were biologically related. Adoption typically severs intestate rights with respect to the biological parent(s), with some exceptions (e.g., stepparent adoptions).
• Stepchildren. A stepchild who was never legally adopted usually does not inherit under intestacy rules unless adoption or another legal parent-child relationship exists.
• Children born after the decedent’s death (posthumous children). If a child is conceived before death and later born alive, that child can usually inherit if the law recognizes the parent-child relationship under the circumstances.
• Children whose paternity must be established. When paternity is not already established, the potential child-heir may need to establish parentage by court order or statutory process to claim intestate shares.
• Half-blood relatives. In many intestacy schemes, half-blood and whole-blood descendants are treated similarly for inheritance among descendants; you should check the statute or ask an attorney about specific distinctions.

For adoption-related rules in Hawaii, see the Hawaii adoption statutes at: HRS Chapter 578.

What happens if there are no descendants?

If the decedent leaves no surviving children or descendants, Hawaii law directs distribution to other relatives in a defined order (for example: parents, siblings, nieces/nephews, and further collaterals). If no relatives can be found, the estate may escheat to the State. See HRS Chapter 560 for the full order of distribution.

Practical probate steps when heirs include children and grandchildren

1. Confirm whether a valid will exists by checking with the decedent’s papers and the probate court.
2. Obtain the decedent’s death certificate.
3. Identify legal heirs: surviving children, and any descendants of a predeceased child.
4. If necessary, establish legal parent-child relationships (adoption records, birth certificates, paternity orders).
5. Open probate or small estate procedures in the appropriate Hawaii court to have the estate administered and property distributed according to the statute.
6. Consider consulting a probate attorney to navigate court filings, timelines, and tax or creditor issues.

Helpful hints

• Gather family documents early: birth certificates, adoption decrees, marriage records, and any court orders establishing paternity.
• If a child died before the decedent, collect that child’s death certificate and proof of that child’s descendants (birth certificates) to support a representation claim.
• Understand that legal adoption usually creates full inheritance rights; informal family relationships do not replace formal adoption for intestacy.
• Use the Hawaii statutes to confirm the exact order and definitions: HRS Chapter 560.
• Contact the probate court in the county where the decedent lived if you need to open an estate. County probate clerks can provide procedural information but not legal advice.
• When in doubt about splits, representation, or claims that challenge heirship, hire a probate attorney experienced in Hawaii estates to protect your rights.
• Act promptly to preserve claims: while heirs generally have time to file, delays can complicate administration and claims by creditors or other parties may arise.