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Hawaii Intestacy Laws
These are selections from the Hawaii intestate succession statutes.  (Title 30A. Chapter 560 Uniform Probate Code, Article II, Intestate Succession and Wills)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 



§560:2-101 Intestate estate.
(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.

§560:2-102 Share of spouse or reciprocal beneficiary.
The intestate share of a decedent's surviving spouse or reciprocal beneficiary is: (1) The entire intestate estate if: (A) No descendant or parent of the decedent survives the decedent; or (B) All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent; (2) The first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or


 

(4) The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary.

§560:2-103 Share of heirs other than surviving spouse or reciprocal beneficiary.
Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102, or the entire intestate estate if there is no surviving spouse or reciprocal beneficiary, passes in the following order to the individuals designated below who survive the decedent:

(1) To the decedent's descendants by representation;


(2) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; provided, however, if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has:


(A) Deserted the child without affording means of identification for a period of at least ninety days;


(B) Failed to communicate with the child when able to do so for a period of at least one year when the child is in the custody of another; or


(C) Failed to provide for care and support of the child when able to do so for a period of at least one year when the child is in the custody of another despite a child support order requiring such support; such parent shall be deemed to have predeceased the decedent;
 

(3) If there is no surviving descendant or parent entitled to inherit, to the descendants of the decedent's parents or either of them by representation; and
 

(4) If there is no surviving descendant, parent entitled to take, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner;

 



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Hawaii intestate succession statutes may be found in full by selecting this link.  (TITLE 30A. Chapter 560 Uniform Probate Code, Article II, Intestate Succession and Wills)


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