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§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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but if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the
same manner as the half.
§560:2-105 No taker.
If there is no taker under the provisions of this article, the intestate
estate passes to the State.
§560:2-105.5 Escheat of kuleana lands.
Any provision of law to the contrary notwithstanding, if the owner of an
inheritable interest in kuleana land dies intestate, or dies partially
intestate and that partial intestacy includes the decedent's interest in the
kuleana land, and if there is no taker under article II, such inheritable
interest shall pass to the department of land and natural resources to be
held in trust until the office of Hawaiian affairs develops a land
management plan for the use and management of such kuleana properties, and
such plan is approved by the department of land and natural resources. Upon
approval, the department of land and natural resources shall transfer such
kuleana properties to the office of Hawaiian affairs. For the purposes of
this section, "kuleana lands" means those lands granted to native tenants
pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions
of the King and Privy Council Passed on the 21st Day of December, A.D. 1849,
Granting to the Common People Allodial Titles for Their Own Lands and House
Lots, and Certain Other Privileges", as originally enacted and as amended.
§560:2-106 Representation.
(a) Definitions. In this section:
"Deceased descendant", "deceased parent", or "deceased grandparent" means a
descendant, parent, or grandparent who either predeceased the decedent or is
deemed to have predeceased the decedent under section 560:2-104.
"Surviving descendant" means a descendant who neither predeceased the
decedent nor is deemed to have predeceased the decedent under section
560:2-104.
(b) Decedent's descendants. If, under section 560:2-103(1), a decedent's
intestate estate or a part thereof passes "by representation" to the
decedent's descendants, the estate or part thereof is divided into as many
equal shares as there are:
(1) Surviving descendants in the generation nearest to the decedent which
contains one or more surviving descendants; and
(2) Deceased descendants in the same generation who left surviving
descendants, if any.
Each surviving descendant in the nearest generation is allocated one share.
The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share and their surviving
descendants had predeceased the decedent.
(c) Descendants of parents or grandparents. If, under section 560:2-103(3)
or (4), a decedent's intestate estate or a part thereof passes "by
representation" to the descendants of the decedent's deceased parents or
either of them or to the descendants of the decedent's deceased paternal or
maternal grandparents or either of them, the estate or part thereof is
divided into as many equal shares as there are:
(1) Surviving descendants in the generation nearest the deceased parents or
either of them, or the deceased grandparents or either of them, that
contains one or more surviving descendants; and
(2) Deceased descendants in the same generation who left surviving
descendants, if any.
Each surviving descendant in the nearest generation is allocated one share.
The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share and their surviving
descendants had predeceased the decedent.
§560:2-107 Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
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