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HRS §510-23

What happens to shared property when a married person dies

When a married person dies, half of the property covered by this law automatically belongs to the surviving spouse. The other half belongs to the deceased person and can be passed on by their will or by state rules. The surviving spouse cannot take more from that half.

spouses

The statute, as written — Disposition upon death

Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this State. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this State. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will, is not included in the decedent's net estate which is subject to the elective share of the surviving spouse, and no estate of dower or curtesy exists in the property of the decedent.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.