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HRS §560:3-805

Order for paying debts when money runs out

When an estate doesn't have enough money to pay all debts, the personal representative must pay them in a specific order. This section lists that order and says that claims in the same group are paid equally, without favoring one over another.

creditorspersonal representatives

The statute, as written — Classification of claims

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) Costs and expenses of administration; (2) Reasonable funeral expenses including any claim by the department of human services pursuant to section 346-15; (3) Debts and taxes with preference under federal law; (4) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent and any claim by the department of human services pursuant to section 346-37 for expenses of the last illness of the decedent; (5) Debts and taxes with preference under other laws of this State; (6) Any other claim against the estate pursuant to section 346-37; and (7) All other claims. (b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§346-15 Death benefits and handling of unclaimed bodies

§346-37 How the state gets back money it paid for medical help

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