Disclaimer: This article provides educational information about Hawaii intestacy law and does not constitute legal advice.
Detailed Answer
Identifying and Inventorying Assets
When someone dies without a will in Hawaii, the court appoints an administrator to gather and inventory all assets. The administrator must locate:
- Real Property: Land, homes, condominiums, and any structures. These assets are identified by deed records in the Bureau of Conveyances.
- Personal Property: Bank accounts, investment accounts, vehicles, jewelry, household goods, and digital assets.
Under Hawaii Revised Statutes §560:2, the administrator files a detailed inventory listing each asset’s description, value, and location. (See HRS §560:2).
Distributing Assets Under Hawaii Intestacy Law
After debts and expenses are paid, the administrator distributes assets according to HRS §560:3. The rules vary by surviving relatives:
- Surviving Spouse and Children: If all children are from the surviving spouse, the spouse receives the entire estate.
- If the decedent has children from another relationship, the spouse receives the first $200,000 plus half the balance; the remaining half is divided equally among the children.
- No Spouse but Children: The estate divides equally among the children.
- No Spouse or Children: The estate passes to parents. If both parents survive, they share equally.
- No Spouse, Children, or Parents: Siblings share equally. If no siblings, more remote relatives (grandparents, aunts, uncles) may inherit.
The administrator must prepare a final accounting and petition the court for approval of the distribution plan.
Helpful Hints
- Start the inventory early: locating titles, deeds, and account statements can take weeks.
- Use a spreadsheet to track asset descriptions, values, and locations.
- Consult the Hawaii Bureau of Conveyances website for real property records.
- Check beneficiary designations on retirement accounts and life insurance—they may supersede intestacy rules.
- Keep detailed receipts and logs of all estate-related expenses for the final accounting.
- Engage a probate attorney if the estate involves complex assets or out-of-state property.