Determining Intestate Heirs Under Hawaii Law
When someone dies without a valid will (intestate) in Hawaii, state law decides who inherits. This guide explains how to identify the heirs to your father’s estate under Hawaii Revised Statutes (HRS) chapter 560.
Detailed Answer
Step 1: Confirm Intestacy
If your father left no will or the will is invalid, Hawaii law governs his estate. See HRS §560:1 for definitions (HRS 560-1).
Step 2: Identify Surviving Relatives in Order of Priority
- Spouse
- Children (including adopted children)
- Parents
- Siblings and their descendants
- Grandparents and their descendants
Step 3: Apply Shares Under HRS §560:3
HRS §560:3 (HRS 560-3) specifies how to divide assets:
- If only a spouse survives, the spouse inherits the entire estate.
- If a spouse and children survive:
- Spouse receives the first $100,000 plus one-half of the balance.
- Children divide the remaining one-half equally.
- If no spouse, children share the estate equally.
- If no spouse or children, parents share equally.
- If no spouse, children or parents, siblings (then nieces/nephews) inherit.
Step 4: Verify Paternity or Adoption
Only legally recognized children (biological with paternity established, adopted) count under the statute.
Step 5: Seek Court Confirmation
File a petition in probate court to appoint an administrator and confirm the heir list. The court reviews your evidence of familial relationships.
Disclaimer: This article explains Hawaii intestacy law but does not constitute legal advice. Consult a qualified attorney for guidance.
Helpful Hints
- Gather vital records (birth, marriage, divorce, death certificates).
- Locate any surviving relatives and document relationships.
- Review HRS §560:3 closely for distribution rules.
- Contact the probate court clerk for filing requirements in your county.
- Consider hiring an estate attorney if the family tree is complex.