HI risk areas
Hawaii estate risk areas
These pages explain how default state rules in Hawaii shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
Hawaii intestacy sets spouse or reciprocal beneficiary shares using fixed dollar thresholds and percentages, with the remainder passing to descendants and other relatives by statute.
- If no descendants or parents survive, or if all descendants are also the spouse's and the spouse has no other descendants, the spouse receives the entire intestate estate.
- If no descendants but a parent survives, the spouse receives the first $400,000 plus three-fourths of the balance.
- If all descendants are also the spouse's but the spouse has other descendants, the spouse receives the first $330,000 plus one-half of the balance.
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Probate risk
Hawaii allows collection of personal property by affidavit for smaller estates and provides a clerk-administered process when no personal representative is appointed.
- Affidavit collection is available when the Hawaii estate value does not exceed $100,000.
- Motor vehicles titled to the decedent may be transferred regardless of value under the affidavit process.
- No personal representative may be pending or appointed for the affidavit process.
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Tax exposure
Hawaii imposes an estate tax with a $5,490,000 exclusion amount and generally conforms to the federal estate tax structure.
- Hawaii estate tax applies to estates of residents and Hawaii-situs property of nonresidents.
- The Hawaii exclusion amount is $5,490,000 (statutory exception to full IRC conformity).
- The state return is required when a federal estate tax return is required and state tax is due.
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Guardianship risk
Hawaii courts appoint guardians for minors with required notice and best-interest findings, including priority for a minor’s nominee and options for temporary or emergency appointments.
- The court may appoint a guardian when statutory conditions are met and the appointment is in the minor’s best interest.
- A hearing and notice are required, including notice to minors age 14 or older and specified caregivers.
- A minor age 14 or older may nominate a guardian, and the court gives priority unless contrary to the minor’s best interest.
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Complexity triggers
Hawaii uses an elective share tied to the augmented estate and provides a family allowance that takes priority over most claims.
- A surviving spouse or reciprocal beneficiary may elect to take an elective-share amount based on the augmented estate.
- A family allowance is available during administration and is exempt from most claims except the homestead allowance.
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