HRS §560:2-102
What a surviving spouse or partner inherits when there is no will
This law says how much a surviving spouse or reciprocal beneficiary gets from the estate of someone who died without a will. The amount depends on who else is alive, like children or parents. It gives a fixed first amount plus a share of the rest.
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The statute, as written — Share of spouse or reciprocal beneficiary
The intestate share of a decedent's surviving spouse or reciprocal beneficiary shall be: (1) The entire intestate estate if: (A) No descendant or parent of the decedent survives the decedent; or (B) All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent; (2) The first $400,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first $330,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or (4) The first $220,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.