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HRS §560:2-203

What counts in the augmented estate and how much a spouse gets

This section defines the augmented estate as the total of certain property from the deceased person and the surviving spouse or reciprocal beneficiary. It also sets a percentage of that estate that the surviving spouse or beneficiary may receive, based on how long the couple was married or in the relationship.

domestic partnersheirspersonal representativesspouses

The statute, as written — Composition of the augmented estate

(a) Subject to section 560:2-208, the value of the augmented estate, to the extent provided in sections 560:2-204, 560:2-205, 560:2-206, and 560:2-207, shall consist of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the: (1) Decedent's net probate estate; (2) Decedent's nonprobate transfers to others; (3) Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary; and (4) Surviving spouse's property or reciprocal beneficiary's property and nonprobate transfers to others. (b) The value of the marital-property portion of the augmented estate shall consist of the sum of the values of the four components of the augmented estate as determined under subsection (a) multiplied by the following percentage: Less than 1 year…………………………………………………………………………………3% 1 year but less than 2 years…………………………………………………6% 2 years but less than 3 years……………………………………………12% 3 years but less than 4 years……………………………………………18% 4 years but less than 5 years……………………………………………24% 5 years but less than 6 years……………………………………………30% 6 years but less than 7 years……………………………………………36% 7 years but less than 8 years……………………………………………42% 8 years but less than 9 years……………………………………………54% 9 years but less than 10 years…………………………………………60% 10 years but less than 11 years………………………………………68% 11 years but less than 12 years………………………………………76% 12 years but less than 13 years………………………………………84% 13 years but less than 14 years………………………………………92% 14 years but less than 15 years………………………………………96% 15 years or more…………………………………………………………………………100%.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§560:2-204 What counts in the deceased person's estate

§560:2-208 What counts in the augmented estate and how to value it

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