What the rule says
Hawaii's intestacy framework follows the Uniform Probate Code. Under Haw. Rev. Stat. § 560:2-102:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship of decedent: The spouse takes the first $150,000 plus one-half of the balance. - Spouse and at least one descendant from prior relationship of spouse (not decedent's child): The spouse takes the first $150,000 plus one-half of the balance. - Spouse but no descendants, with parent surviving: The spouse takes the first $200,000 plus three-quarters of the balance. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
Hawaii's framework is among the more spouse-favorable for mutual-descendants families. Hawaii's Reciprocal Beneficiary law also extends some inheritance rights to registered reciprocal beneficiaries (similar in concept to civil unions).
What this means in practice
- Hawaii resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Hawaii resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $150,000 + 50% of $250,000 = $275,000. Child takes $125,000.
What you can do about it
- Hawaii will requirements (Haw. Rev. Stat. § 560:2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Hawaii recognizes harmless-error doctrine under § 560:2-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Haw. Rev. Stat. § 560:2-202, surviving spouse can elect against the will.
Reciprocal beneficiaries
Hawaii recognizes reciprocal beneficiaries — adults who are unable to marry under Hawaii law but have entered into a registered reciprocal beneficiary relationship. Reciprocal beneficiaries have specific inheritance and other rights similar to spouses, though not identical.
Who this affects most
Hawaii's intestacy formula is most consequential for married Hawaii residents in mutual-descendants families and blended families with the $150,000 floor.