Detailed Answer
When someone dies without a will in Hawaii, the estate transfers under Hawaii’s intestate succession laws. These rules appear in the Hawaii Revised Statutes (HRS) Chapter 560. If a decedent has no surviving spouse and two children, the two children inherit the entire estate equally.
Key Statute: HRS § 560-2
HRS § 560-2(a)(3) states that, if there is no surviving spouse but there are descendants (children, grandchildren, etc.), the entire estate goes to the descendants per stirpes. In practice, with two living children, each child receives one-half of the estate.
Read the full statute here: HRS § 560-2.
Per Stirpes Distribution
Per stirpes means “by branch.” If one child dies before the parent but leaves descendants (such as grandchildren), that child’s share passes to those descendants. If a child predeceases with no descendants, that child’s share divides among the surviving children.
Probate Process Overview
- File a petition for letters of administration with the Probate Court.
- The court appoints an administrator (often a surviving child).
- The administrator inventories assets and notifies creditors.
- After debts and expenses are paid, the administrator distributes the remaining assets to the children as prescribed.
Disclaimer: This article does not offer legal advice. It provides general information on Hawaii intestate succession.
Helpful Hints
- Check if any child predeceased the decedent and whether that child left descendants.
- Gather asset information early: bank accounts, real property, personal property.
- File the administration petition in the circuit court of the county where the decedent lived.
- Keep detailed records: inventory lists, receipts, and court filings.
- Consider consulting a licensed attorney for complex estates or disputes.