HI risk area
Complexity triggers in Hawaii
Scenarios that increase estate risk, such as blended families or multi-state property.
Hawaii uses an elective share tied to the augmented estate and provides a family allowance that takes priority over most claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Hawaii
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://capitolwebsite.azurewebsites.net/hrsarchive/hrs2006/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0202.HTM
- https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0404.htm
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Hawaii.