What Happens if You Die Without a Will in Hawaii?
Hawaii law has a built-in answer for what happens without a will. This is called intestate succession. If no will is present, Hawaii looks at your marital status and family tree. Here's the breakdown.
If You are Married with Children
Your spouse's share depends on whether all of your children are also your spouse's children.
- If your children are all shared with your spouse, your spouse inherits the entire estate.
- If your children are all shared with your spouse, but your spouse also has children from another relationship, your spouse inherits the first $330,000 of your estate, plus 1/2 of the balance. Your children inherit what remains.
- If you have children from a relationship other than your current spouse, your spouse inherits the first $220,000 of your estate, plus 1/2 of the balance. Your children inherit the rest.
If You are Married Without Children
- Your spouse inherits your entire estate if you have no living parents.
- If you have a living parent, your spouse inherits the first $400,000 of your estate, plus 3/4 of the balance. Your parent(s) inherit the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets and divide them equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, it passes to siblings, then grandparents, aunts, and uncles.
If No Living Relatives Can Be Found
Your property reverts to the state of Hawaii. This is an uncommon occurrence. The state will perform an exhaustive search before making any decisions about your estate.
Other Things to Know about Dying Without a Will in Hawaii
- Property you own in joint tenancy with right of survivorship can't be given away by a will, and passes directly to the surviving owner.
- A surviving spouse can also claim an elective share of the augmented estate, on a sliding scale tied to the length of the marriage.
- Hawaii is one of the few states with its own state estate tax, which can affect larger estates whether or not there's a will.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Hawaii, your estate may still avoid full probate if the total value is $100,000 or less, using a small estate affidavit available 30 days after death. Given Hawaii home values, most estates that include real property will need full probate.
To learn more about probate in Hawaii, check out this deep dive.
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