HI risk area
Intestacy risk in Hawaii
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
- If any descendant is not the spouse's, the spouse receives the first $220,000 plus one-half of the balance.
Questions to consider
Questions this risk area helps you evaluate in Hawaii
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
- If any descendant is not the spouse's, the spouse receives the first $220,000 plus one-half of the balance.
- Any remaining estate passes to descendants by representation, then to parents and other relatives in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0102.htm
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-2-103/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-hawaii.html
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-2-104/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Hawaii.