What Happens If You Die Without a Will in Hawaii?
Without a will in Hawaii, a surviving spouse takes the entire estateHRS § 560:2-102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationHRS § 560:2-106Verified Oct 21, 2026View source.
Hawaii intestacy law decides. Hawaii follows separate property rulesHRS § 560:2-102Verified Oct 21, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents and deceased parents' descendants; Descendants of parents; Grandparents; Descendants of grandparents; Descendants of a deceased spouse or reciprocal beneficiary; The State of HawaiiHRS § 560:2-102Verified Oct 21, 2026View source.
The surviving spouse's share in Hawaii depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $400,000 plus 3/4 of the remaining estateHRS § 560:2-102Verified Oct 21, 2026View source. With shared children: If the spouse has no surviving descendant who is not also the decedent's: entire estate. If the spouse has a surviving descendant who is not the decedent's: first $330,000 plus 1/2 of the remaining estateHRS § 560:2-102Verified Oct 21, 2026View source. When a child from a prior relationship survives: First $220,000 plus half of the remaining estateHRS § 560:2-102Verified Oct 21, 2026View source.
Hawaii divides per capita at each generationHRS § 560:2-106Verified Oct 21, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Hawaii requires an heir to survive the decedent by 120 hoursHRS § 560:2-104Verified Oct 21, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Hawaii intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Hawaii, registered reciprocal beneficiaries (two adults legally prohibited from marrying one another who have filed a declaration of reciprocal beneficiary relationship, not unmarried partners generally) and partners in a civil union (including a substantially equivalent union validly formed in another jurisdiction)HRS § 560:2-102; HRS §§ 572C-4, 572C-5, 572C-6; HRS §§ 572B-9, 572B-10Verified Oct 21, 2026View source inherit as a surviving spouse. A stepchild can inherit in Hawaii: if no descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent survives, the intestate estate passes by representation to the surviving descendants of the decedent's deceased spouses or reciprocal beneficiaries before any escheat to the StateHRS § 560:2-103(j)Verified Oct 21, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Hawaii will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Hawaii
Free Hawaii forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Hawaii, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableHRS § 560:3-301Verified Sep 8, 2026View source.
Notice to Creditors
In Hawaii, creditors have 4 monthsHRS § 560:3-803(a)(1)(A)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Hawaii, a person named as personal representative may renounce the right to serveHRS § 560:3-203(c)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Hawaii, the Affidavit for Collection of Personal PropertyHRS § 560:3-1201Verified Sep 8, 2026View source covers estates valued at $100,000HRS § 560:3-1201Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Hawaii, the personal representative files the estate inventory within 90 daysHRS § 560:3-706Verified Sep 15, 2026View source of appointment.
Estate Closing
In Hawaii, the personal representative is discharged automatically once the statutory period runsHRS §§ 560:3-1003(b), 560:3-1005Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Hawaii
Free calculators and checklists for planning or settling an estate in Hawaii: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Hawaii costs an estimated $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source. Attorney fees run 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Hawaii allows you to name your own agent in advanceHRS § 531B-3; HRS § 531B-5Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Hawaii levies an estate taxHRS § 236E-6, § 236E-8Verified Sep 15, 2026View source above $5,490,000HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source (top rate 20%HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Hawaii, beneficiaries owe no inheritance tax and the estate pays any estate taxHRS § 236E-6, § 236E-8Verified Sep 15, 2026View source above $5,490,000HRS § 236E-6, § 236E-8Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Hawaii take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces the state's preferential capital gains rates, capped at whichever computation produces the lower taxHRS § 235-51(f) (alternative tax on net capital gain, 7.25%) with § 235-51(c) rate table for taxable years beginning after Dec. 31, 2024 (Act 46, SLH 2024)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Hawaii costs an estimated $28,206HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.3%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.6%Modeled estimate under HRS § 560:3-721 (court reviews attorney compensation for reasonableness; no statutory fee schedule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate. Estates under $100,000HRS § 560:3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Hawaii pays executors reasonable compensationHRS § 560:3-719 (reasonable compensation; no statutory percentage; the § 607-18 percentage schedule applies to trustees, not personal representatives)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Hawaii Estate Planning Resources
In-depth guides covering Hawaii probate laws, trust requirements, and estate planning strategies.