Spousal Elective Share Law in Hawaii

In Hawaii, a surviving spouse or reciprocal beneficiary can elect 50% of the marital-property portion of the augmented estate (which grows with the length of the marriage, reaching 100% at 15 years), by petition within 9 months after death or 6 months after the will is probated, whichever is later.

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

Elective share: 50% of marital-property portion of augmented estate; The marital-property portion rises from 3% (under 1 year) to 100% after 15 years. A $90,000 supplemental amount can apply.
Deadline to elect: 9 months after death or 6 months after will probate, if later; A petition to extend can be filed within 9 months after death.
Community property state: No; Not on the IRS list of community property states.

Sources

Last checked October 2026

The rules in Hawaii

How much can a surviving spouse claim in Hawaii if left out of the will?

Elective share in Hawaii: 50% of marital-property portion of augmented estate. The marital-property portion rises from 3% (under 1 year) to 100% after 15 years. A $90,000 supplemental amount can apply.

What is the deadline to claim the elective share in Hawaii?

Deadline to elect in Hawaii: 9 months after death or 6 months after will probate, if later. A petition to extend can be filed within 9 months after death.

Is Hawaii a community property state?

No. Community property state in Hawaii: no. Not on the IRS list of community property states.

Where do the Hawaii spousal elective share laws come from?

The rules above come from Haw. Rev. Stat. 560:2-202, Haw. Rev. Stat. 560:2-203 and Haw. Rev. Stat. 560:2-211. Each source is linked on this page. We last checked them in October 2026.

Good to know

Sections 560:2-202 and 560:2-203 were amended in 2023 (L 2023, c 158), and the current text sets a $90,000 supplemental amount and a schedule that reaches 100% at 15 years.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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