Who Inherits If You Die Without a Will in Hawaii

Surviving spouse or reciprocal beneficiary takes: the entire estate if the decedent left no descendants and no parent, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $400,000 plus three-fourths of the rest if there are no descendants but a parent survives; the first $330,000 plus one-half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $220,000 plus one-half of the rest if any of the decedent's descendants are not the spouse's. Whatever does not go to the spouse passes to descendants by representation; if none, to parents; then to siblings and their descendants, and then more distant relatives.

A surviving spouse or reciprocal beneficiary of a Hawaii domiciliary may elect 50% of the marital-property portion of the augmented estate, plus a supplemental amount that brings the total to at least $90,000 if needed. The petition must be filed within 9 months after death or 6 months after the will is probated, whichever is later (an extension can be requested within the 9 months).

Yes, for personal property. A successor can collect money owed to the decedent and the decedent's personal property by giving the holder a death certificate and an affidavit stating that the gross value of the decedent's Hawaii estate does not exceed $100,000 (motor vehicles can be transferred regardless of value), that no petition for a personal representative is pending or granted in Hawaii, and that the successor is entitled to the property. The statute does not set a waiting period. Real estate is not covered by the affidavit.