Understanding Hawaii Intestacy Rules
Detailed Answer
When someone dies without a valid will under Hawaii law, their assets pass through intestate succession. Chapter 560 of the Hawaii Revised Statutes (HRS) governs this process. Intestacy statutes identify priority heirs and divide the estate in defined shares.
1. Surviving Spouse and Lineal Descendants
If the decedent leaves a surviving spouse and children who are also the spouse’s descendants, the spouse receives the first $100,000 of the estate plus one-half of the remaining balance. The children share the rest equally per stirpes. See HRS §560:2 (HRS 560:2).
2. Surviving Spouse Only
If only a spouse survives (no children, parents, or siblings), the spouse inherits the entire estate. See HRS §560:3 (HRS 560:3).
3. No Spouse but Surviving Descendants
If the decedent has no spouse but has children or grandchildren, those descendants share the entire estate per stirpes. See HRS §560:4 (HRS 560:4).
4. No Spouse or Descendants but Surviving Parents
If there is no spouse or descendants, the estate passes equally to surviving parents. If only one parent survives, that parent inherits all. See HRS §560:5 (HRS 560:5).
5. No Spouse, Descendants, or Parents
The estate then goes to siblings and their descendants per stirpes. See HRS §560:6 (HRS 560:6).
6. More Remote Heirs
If none of the above relatives survive, Hawaii law awards the estate to grandparents, aunts, uncles, or their descendants in a set order. If no heirs are found, the state may claim the property. See HRS §560:7 (HRS 560:7).
Helpful Hints
- Confirm whether a valid will exists by searching court records in the county of last residence.
- Identify all potential heirs early to avoid disputes and delays.
- Gather asset values before petitioning probate to determine distribution percentages.
- Consult probate forms at the Hawaii Judiciary website for intestacy proceedings.
- Consider mediation if heirs disagree on estate distribution.
- Hire an attorney if the estate includes complex assets like real property or business interests.
Disclaimer: This article provides general information only. It does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.