When Someone Dies Without a Will
HRS 560:2-102 — the spouse may take everything, or a first $220,000 to $400,000 and a share of the rest
| The surviving spouse or reciprocal beneficiary takes | Where |
|---|---|
| The surviving spouse or reciprocal beneficiary takesEverything | WhereNo descendant or parent survives, or every descendant is also the survivor's and the survivor has no other descendants |
| The surviving spouse or reciprocal beneficiary takesThe first $400,000 and three fourths of the rest | WhereNo descendant survives, but a parent does |
| The surviving spouse or reciprocal beneficiary takesThe first $330,000 and one half of the rest | WhereEvery descendant is also the survivor's, but the survivor has other descendants too |
| The surviving spouse or reciprocal beneficiary takesThe first $220,000 and one half of the rest | WhereOne or more of the decedent's descendants are not the survivor's |
Who handles this in Hawaii: legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
What the spouse does not take passes by representation to the decedent's descendants, and if there are none, to the parents, then to the parents' descendants, then to grandparents and their descendants.
A parent of a minor who died is treated as having died first where clear and convincing evidence shows the parent deserted the child for at least ninety days, or failed to communicate or to support the child for at least one year when able to.
Sources for this section (2)
- HRS 560:2-102 — Share of spouse or reciprocal beneficiary
- HRS 560:2-103 — Share of heirs other than surviving spouse or reciprocal beneficiary
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.