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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 takesWhere
The surviving spouse or reciprocal beneficiary takesEverythingWhereNo 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 restWhereNo descendant survives, but a parent does
The surviving spouse or reciprocal beneficiary takesThe first $330,000 and one half of the restWhereEvery 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 restWhereOne or more of the decedent's descendants are not the survivor's
  • HRS 560:2-102
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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.

  • HRS 560:2-103

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.

  • HRS 560:2-103
Sources for this section (2)
  1. HRS 560:2-102 — Share of spouse or reciprocal beneficiary
  2. 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.

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