Hawaii Estate Tax

Hawaii Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Hawaii — exactly who inherits under Hawaii’s intestate-succession law, and what surprises families most. All shares are from Hawaii statute, verified as of June 2026.

Who Inherits When There Is No Will in Hawaii

Here is exactly how Hawaii divides an estate when there is no will:

If the person leaves… Who inherits in Hawaii
Spouse, no children The surviving spouse or reciprocal beneficiary inherits the entire intestate estate if no descendant and no parent of the decedent survives. If no descendants survive but a parent of the decedent does survive, the spouse receives the first 200000 plus three-fourths of the balance of the intestate estate (HRS § 560:2-102).
Spouse + shared children If all of the decedent’s surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary, AND the spouse has no other surviving descendants who are not also descendants of the decedent, the spouse inherits the entire intestate estate. However, if all of the decedent’s surviving descendants are also descendants of the surviving spouse BUT the spouse has one or more surviving descendants who are NOT descendants of the decedent (i.e., spouse has children from another relationship), the spouse receives the first 150000 plus one-half of the balance; the remainder passes to the decedent’s descendants by representation (HRS § 560:2-102).
Spouse + children from another relationship If one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse or reciprocal beneficiary (i.e., the decedent had children from another relationship), the spouse receives the first 100000 plus one-half of the balance of the intestate estate. The remainder passes to the decedent’s descendants by representation (HRS § 560:2-102).
Children, no spouse The entire intestate estate passes to the decedent’s descendants by representation (HRS § 560:2-103(1)).
No spouse, no children The estate passes in this order: (1) to the decedent’s parents equally, or to the surviving parent; (2) if no parents survive, to the descendants of the decedent’s parents (siblings, nieces, nephews) by representation; (3) if none, one half to paternal grandparents or their descendants and one half to maternal grandparents or their descendants by representation; (4) if only one side has surviving takers, that side takes the entire estate (HRS § 560:2-103).
No living relatives (escheat) If there is no taker under any provision of the intestate succession article, the intestate estate passes to the State of Hawaii. If the decedent held an interest in kuleana lands (traditional Hawaiian land parcels), that interest passes to the Department of Land and Natural Resources to be held in trust until the Office of Hawaiian Affairs develops a land management plan (HRS § 560:2-105).

These shares come from Hawaii intestate-succession law (HRS § 560:2-102 (Share of spouse or reciprocal beneficiary) and HRS § 560:2-103 (Share of heirs other than surviving spouse), as amended by Act 158 (2023)).

How Hawaii divides shares among descendants: Hawaii uses per capita at each generation (also called representation). The estate is divided into equal shares at the nearest generational level containing a living heir; shares of deceased persons in that generation are pooled and redivided equally among their combined surviving descendants at the next generation (HRS § 560:2-106).

Hawaii homestead and family allowance: The surviving spouse or reciprocal beneficiary is entitled to a homestead allowance of 30000, exempt from creditor claims and having priority over all other claims against the estate. If there is no surviving spouse, each minor child and each dependent child shares the 30000 equally (HRS § 560:2-402, as amended 2023).

The surviving spouse and minor or dependent children are also entitled to a reasonable family allowance for maintenance during estate administration, not to exceed one year if the estate is insufficient to pay claims (HRS § 560:2-404).

Additionally, the surviving spouse is entitled to exempt property up to 15000 in value from household furniture, automobiles, furnishings, appliances, and personal effects, beyond what is received under the homestead allowance (HRS § 560:2-403).

Half-blood relatives in Hawaii: Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. There is no distinction between half-siblings and full siblings for intestate succession purposes (HRS § 560:2-107).

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Assets That Pass Outside Hawaii Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside Hawaii’s intestate succession rules and are not governed by HRS Chapter 560 Article II.

Other Hawaii intestacy rules: Hawaii uniquely recognizes reciprocal beneficiaries throughout its intestate succession statutes. A reciprocal beneficiary (registered under HRS Chapter 572C) has the same intestate inheritance rights as a surviving spouse under HRS § 560:2-102. Hawaii also imposes a 120-hour (5-day) survivorship requirement — an heir must survive the decedent by at least 120 hours to inherit under intestacy (HRS § 560:2-104).

Hawaii also has a special kuleana lands provision where property with no heirs passes to the Department of Land and Natural Resources rather than the general state treasury. Hawaii does not impose a state estate tax or inheritance tax on estates; however, check with the Hawaii Department of Taxation or a licensed attorney for any changes.

What Dying Without a Will in Hawaii Really Means

When someone dies without a will in Hawaii, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Hawaii divides an estate when someone is dying without a will in Hawaii, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Hawaii helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Hawaii depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Hawaii, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Hawaii Sources & Resources

This Hawaii intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Hawaii Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.