Detailed answer

When a person in Hawaii dies without a valid will (dies intestate), the legal outcome for money and property depends first on how each asset is titled. Some assets pass immediately to a co‑owner or named beneficiary and never become part of the probate estate. Other assets are owned by the decedent alone (or as a tenant in common) and must go through probate and then be distributed under Hawaii’s intestacy rules.

1) Bank accounts and similar financial accounts

How an account is titled matters:

• Joint account with right of survivorship (JTWROS): If the decedent held the account as a joint account explicitly titled to allow survivorship (for example, “John Doe and Jane Doe, joint tenants with right of survivorship”), the surviving joint owner generally becomes the sole owner automatically when the bank receives a death certificate. The account normally bypasses probate.
• Payable‑on‑death (POD) or Transfer‑on‑Death (TOD) designation: If the account names a POD/TOD beneficiary, that named person receives the funds outside probate after providing the bank with a death certificate and beneficiary ID.
• Joint account without survivorship intent: If the title is unclear or the joint ownership was intended for convenience only, the bank may freeze the account until it has proof of ownership or a court orders distribution. Disputes can lead to probate or litigation.
• Account titled solely in decedent’s name: The funds are part of the probate estate and distributed according to Hawaii’s intestacy statutes unless a valid beneficiary designation exists.

2) Real property

The way real estate is titled determines whether it passes automatically or through probate:

• Joint tenancy with right of survivorship / tenancy by the entirety: If the deceased owned property as joint tenants with right of survivorship, or (for married couples where applicable) as tenants by the entirety, the surviving co‑owner generally gets the decedent’s share automatically and the property usually does not go through probate.
• Tenants in common: If the decedent owned real estate as a tenant in common, the decedent’s fractional share becomes part of the probate estate and is distributed under Hawaii’s intestacy laws.
• Property held only in the decedent’s name: That property passes through probate and is distributed according to Hawaii law when there is no will.

3) How intestate distribution works in Hawaii

Property that must pass through probate is distributed under Hawaii’s intestacy statutes. Those rules set who inherits when there is no will (spouse, children, parents, siblings, etc.). The exact shares depend on which relatives survive the decedent and whether the decedent has descendants who are also descendants of the surviving spouse.

For the statutory text and the detailed distribution scheme, see Hawaii Revised Statutes, Chapter 560 (Intestate Succession): Hawaii Revised Statutes (search Chapter 560). For practical probate information on procedures and forms, see the Judiciary of Hawaii’s probate pages: https://www.courts.state.hi.us/self-help/probate.

4) Practical steps banks and courts typically take

• Banks usually require a certified copy of the death certificate before releasing funds to a surviving joint owner or POD beneficiary.
• If ownership is contested, the bank may freeze the account until quiet‑title or probate proceedings resolve the dispute.
• Assets that do not pass outside probate will be inventoried and administered by a personal representative appointed by the probate court.

5) Common complications

• Accounts with ambiguous or informal titling.
• Accounts where the bank’s signature card conflicts with how title appears on statements.
• Creditor claims against the decedent’s estate that affect probate assets.
• Disputes among family members about the decedent’s intent.

If you need the exact numeric distribution under Hawaii law for a particular family situation, consult the statutes or an attorney because shares depend on surviving relatives and their relationships to the decedent.

Helpful hints

• Locate original account statements, deeds, title documents, beneficiary designations, and the decedent’s important records.
• Order several certified copies of the death certificate to present to banks, title companies, and government agencies.
• Do not move or withdraw money from joint accounts until you understand how the account is titled and what the bank requires; improper withdrawals can create disputes or liability.
• Ask the bank how the account is recorded in its records (e.g., JTWROS, POD) and what documentation it needs to release funds.
• If property must go through probate, contact the Hawaii Probate Court or a probate attorney to learn whether small‑estate procedures apply or whether you must open a full estate administration. See Hawaii Judiciary probate information: https://www.courts.state.hi.us/self-help/probate.
• If family members disagree about ownership or intended distribution, consider speaking with an attorney promptly to preserve rights and meet filing deadlines.
• Keep clear records of any transactions and communications with banks and co‑owners.

Next steps and resources

If you are handling a recently deceased person’s affairs in Hawaii:

1. Check account titles and beneficiary designations first.
2. Contact the bank or title company to learn what documents they require.
3. If an asset must go through probate, contact the Hawaii Probate Court or an attorney experienced in probate and intestate succession.

Hawaii resources:

• Hawaii Revised Statutes (intestate succession chapter reference): https://www.capitol.hawaii.gov/hrscurrent/ (search for Chapter 560, Intestate Succession)
• Hawaii Judiciary – Probate self‑help: https://www.courts.state.hi.us/self-help/probate