Descent and Distribution-Intestate Succession in Hawaii

Descent and Distribution-Intestate Succession in Hawaii

General

A condition in which an individual dies and he or she owns property or assets more than the sum of the enforceable debts and all the funeral expenses without making any binding declaration or a valid will is known as intestacy. The intestacy laws are also known as intestate succession or the law of descent and distribution that is referred to as the body of law that helps in determining those individuals who are entitled to the left over property or assets from the estate according to the rules of inheritance. There are various limits and rights that are linked to the individual or class for getting an appropriate portion in the decedent property.

Surviving Spouse

The reciprocal beneficiary or the surviving spouse of the decedent has the following intestate share:

The first $200, 000 and the other 3/4th of any balance of the intestate estate is given to the parents of the decedent if the spouse of the decedent is not surviving.

The first $150,000 and an additional of one half of the intestate estate are given to the surviving descendants of the surviving spouse.

The first $100,000 and an additional of one half in the intestate estate are given to those individuals if one or more descendants of the decedent are not descendants of the surviving spouse.

No Surviving Spouse

Under the section 560:2-102 of the intestate estate law the following are the terms that are linked to the case in which no spouse is surviving.

If there is no surviving spouse of the decedent the surviving descendents along with the parents will be given their share in the intestate estate property of the decedent.

If the parents of the decedent were not able to take care of the child (minor who is decedent) they ...