About Hawaii,
Hawaii amended its surviving-spouse rules in 2023. The elective share is now 50% of the marital-property portion of the augmented estate, with a $90,000 supplemental floor, rather than a percentage that rises with the length of the marriage.
Hawaii follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Hawaii intestate law (Haw. Rev. Stat. § 560:2-102) determines your share. The small-estate threshold is $100,000, and typical probate takes 6-12 months.
Hawaii imposes a state-level estate tax, which may affect larger estates and require additional filing deadlines beyond federal requirements.
Property & Intestate Rules
How Hawaii classifies marital property and what a surviving spouse typically receives if there is no will.
How Hawaii Classifies Marital Property
Common law (equitable distribution) (Haw. Rev. Stat. § 580-47)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate if no descendant or parent of the decedent survives; if a parent but no descendant survives, the first $400,000 plus three-fourths of the balance. |
| Children from marriage | Entire estate if all surviving descendants are shared and the surviving spouse has no other descendants; if all are shared but the spouse has another descendant, the first $330,000 plus one-half of the balance. |
| Children from prior relationship | If one or more surviving descendants are not descendants of the surviving spouse, the first $220,000 plus one-half of the balance. |
50% of the value of the marital-property portion of the augmented estate, with a $90,000 supplemental elective-share floor in qualifying cases (Haw. Rev. Stat. § 560:2-202)
Deadline to File
- Hawaii filing window
- 9 months after death or 6 months after probate of the will, whichever limitation later expires (Haw. Rev. Stat. § 560:2-211)
Home Protections for Surviving Spouses
A surviving spouse is entitled to a homestead allowance of $30,000 (Haw. Rev. Stat. § 560:2-402). The state also has a general homestead exemption that protects up to $30,000 of a homeowner's equity from creditors (Haw. Rev. Stat. § 651-92). A widow may also remain in the marital home for 60 days after the husband's death without being charged rent (Haw. Rev. Stat. § 533-8).
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $100,000 |
| Typical probate timeline | 6-12 months |
| State estate tax | Yes |
| State inheritance tax | No |
| Tax notes | Hawaii has a state estate tax with a $5.49 million applicable exclusion amount under the federal law fixed as of December 21, 2017. Qualifying transfers to a surviving spouse may receive the marital deduction. |
Deadlines You Cannot Afford to Miss
Hawaii-Specific Rules
Hawaii recognizes reciprocal beneficiaries, has abolished dower and curtesy, has a 120-hour survivorship period, and has adopted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA).
Hawaii Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Hawaii
Reviewed August 3, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Hawaii.
- Is Hawaii a community property state?
- Hawaii is classified as Common Law (Equitable Distribution). Common law (equitable distribution) (Haw. Rev. Stat. § 580-47)
- What does a surviving spouse inherit without a will in Hawaii?
- No children: Entire estate if no descendant or parent of the decedent survives; if a parent but no descendant survives, the first $400,000 plus three-fourths of the balance. With children: Entire estate if all surviving descendants are shared and the surviving spouse has no other descendants; if all are shared but the spouse has another descendant, the first $330,000 plus one-half of the balance. Stepchildren or children from a prior relationship: If one or more surviving descendants are not descendants of the surviving spouse, the first $220,000 plus one-half of the balance.
- What is the elective share right in Hawaii?
- 50% of the value of the marital-property portion of the augmented estate, with a $90,000 supplemental elective-share floor in qualifying cases (Haw. Rev. Stat. § 560:2-202) Deadline: 9 months after death or 6 months after probate of the will, whichever limitation later expires (Haw. Rev. Stat. § 560:2-211)
- What is the small-estate threshold in Hawaii?
- $100,000. Typical probate timeline: 6-12 months
- Does Hawaii have estate tax or inheritance tax?
- Estate tax: Yes. Inheritance tax: No. Hawaii has a state estate tax with a $5.49 million applicable exclusion amount under the federal law fixed as of December 21, 2017. Qualifying transfers to a surviving spouse may receive the marital deduction.
- What deadlines matter most for widows in Hawaii?
- Probate Filing: Within 5 years of death; Elective Share: 9 months after death or 6 months after probate of the will, whichever is later; Creditor Claims: 4 months after notice; Estate Tax Filing: 9 months after death
- Is Hawaii's elective share still based on marriage length?
- No. HRS 560:2-202 now sets the elective-share amount at 50% of the marital-property portion of the augmented estate and provides a $90,000 supplemental floor in qualifying cases.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Hawaii.
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