Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
What Is Intestate Succession?
Intestate succession is the legal process that distributes a person’s estate when they die without a valid will. In Hawaii, the rules governing intestate succession appear in Chapter 560 of the Hawaii Revised Statutes (HRS). These rules determine who inherits and in what proportions.
Intestate Succession Under Hawaii Law
Hawaii’s intestacy statutes set a priority of heirs in the absence of a will. Key provisions include:
- HRS §560-2: Order of distribution among spouse, children, parents, siblings, and more.
- HRS §560-3: Distribution when there is no surviving spouse; estate passes to descendants per capita.
Distribution When No Spouse and Three Children Survive
When a decedent dies domiciled in Hawaii with no spouse and three children, HRS §560-3 directs an equal, per capita distribution:
- Estate assets are collected and valued.
- Three surviving children each receive one-third of the net estate.
“Per capita” means each child at the same generational level inherits an equal share. If a child predeceased the decedent but left children (grandchildren of the decedent), those grandchildren would divide their parent’s share equally (per stirpes).
Role of the Personal Representative
Without a will, the court appoints a personal representative (PR), sometimes called an administrator. The PR’s duties include:
- Collecting and valuing assets.
- Notifying creditors and paying valid claims.
- Filing Hawai‘i probate forms and reports.
- Distributing the remaining property to heirs under HRS Chapter 560.
The PR may need to post a bond unless all heirs waive this requirement.
Helpful Hints
- Identify all potential heirs: biological, adopted, and represented descendants.
- Obtain a certified death certificate early in the probate process.
- Gather asset documentation: bank statements, real estate deeds, and investment records.
- Review Hawai‘i probate court forms at courts.state.hi.us.
- Keep detailed records of expenses, notices, and distributions.
- Consider consulting a probate attorney for complex estates or disputed heirship.