Intestate Succession Laws in Hawaii

In Hawaii, a surviving spouse or reciprocal beneficiary inherits the entire estate when all of the deceased's children are also the spouse's children, and the first $400,000 plus three-fourths of the balance when there are no children but a parent survives. Hawaii is not a community property state.

Last checked October 2026. General information, not legal advice.

Spouse share with shared children: Entire estate; $330,000 plus 1/2 if the spouse has other descendants; $220,000 plus 1/2 if the deceased has children from another relationship.
Spouse takes all with shared children: Yes
Spouse share with parents, no descendants: First $400,000 plus 3/4 of the balance; The spouse takes the entire estate if no child or parent survives.
Community property state: No

Sources

Last checked October 2026

The rules in Hawaii

How much does a surviving spouse inherit in Hawaii when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Hawaii: Entire estate. $330,000 plus 1/2 if the spouse has other descendants; $220,000 plus 1/2 if the deceased has children from another relationship.

Does a surviving spouse in Hawaii inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Hawaii: yes.

How much does a surviving spouse inherit in Hawaii when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Hawaii: First $400,000 plus 3/4 of the balance. The spouse takes the entire estate if no child or parent survives.

Is Hawaii a community property state?

No. Community property state in Hawaii: no.

Where do the Hawaii intestate succession laws come from?

The rules above come from Haw. Rev. Stat. 560:2-102. Each source is linked on this page. We last checked them in October 2026.

Good to know

The dollar amounts were last amended by Act 158 of 2023.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.