Intestate Succession in Hawaii

If you die without a will in Hawaii, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Hawaii.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Hawaii.

Who Gets What in Hawaii?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

(Haw. Rev. Stat. §§ 560:2-102; 560:2-103 (2023).)

The Spouse's Share in Hawaii

In Hawaii, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with parents but no descendants. Your surviving spouse inherits the first $200,000 of your intestate property, plus 3/4 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)

Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also owns $300,000 worth of property that would have passed under a will if she had made one. Joe inherits $275,000 worth of that property—that is, $200,000 plus 3/4 of the $100,000 balance. The remaining $25,000 worth of Gerry's intestate property goes to Gerry's father.

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits everything. (Haw. Rev. Stat. § 560:2-102 (2023).)

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from other relationships. Your surviving spouse inherits $150,000 of your intestate property plus 1/2 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)

Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $450,000 worth of other property that would have passed under a will, so Karen inherits $300,000 worth of that property—that is, $150,000 plus 1/2 of the $300,000 balance. The remaining $150,000 goes to Bill's and Karen's two children.

If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits $100,000 of your intestate property plus 1/2 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)

Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett's property. Barrett's daughter inherits the remaining $50,000 share of Barrett's property.

In Hawaii, the rules for married people also apply to reciprocal beneficiaries.

Children's Shares in Hawaii

If you die without a will in Hawaii, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether they are also your spouse's children. (See the table above.)

For children to inherit from you under the laws of intestacy, Hawaii must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Haw. Rev. Stat. § 560:2-114 (2023).)
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance. (Haw. Rev. Stat. § 560:2-114 (2023).)
• Posthumous children. Children conceived by you but not born before your death will receive a share if they live 120 hours or more after birth. (Haw. Rev. Stat. § 560:2-108 (2023).)
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if you acknowledge your paternity, treat the children as yours and did not refuse to support them. (Haw. Rev. Stat. § 560:2-114 (2023).)
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. (Haw. Rev. Stat. § 560:2-106 (2023).)

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. (Haw. Rev. Stat. § 560:2-105 (2023).)

However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.

If you die without any heirs and have an interest in kuleana lands, this property will go to the Department of Land and Natural Resources and be held in trust until the Office of Hawaiian Affairs develops a land management plan for its use. (Haw. Rev. Stat. § 560:2-105.5 (2023).)

Other Hawaii Intestate Succession Rules

Here are a few other things to know about Hawaii intestacy laws.

• Survivorship period. To inherit under Hawaii's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Haw. Rev. Stat. § 560:2-104 (2023).)
• Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. (Haw. Rev. Stat. § 560:2-107 (2023).)
• Posthumous relatives. Relatives conceived before—but born after—you die inherit as if they had been born while you were alive if they live 120 hours or more after birth. (Haw. Rev. Stat. § 560:2-108 (2023).)
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. (Haw. Rev. Stat. § 560:2-111 (2023).)
• Advancements. If you give property to a relative during your lifetime, the value of this property is subtracted from your relative's share only if you wrote this at the time of making the gift or the relative admits this was the agreement in writing. (Haw. Rev. Stat. § 560:2-109 (2023).)

Learn More

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

You can find Hawaii's intestate succession law here: Hawaii Statutes §§ 560:2-101 to 560:2-114.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.