Chapter 560 — Chapter 560

ARTICLE I [OLD] GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT §§560:1-101 to 560:1-403 REPEALED. L 1996, c 288, pt of §6. ARTICLE I GENERAL PROVISIONS, DEFINITIONS, AND PROBATE JURISDICTION OF COURT PART 1. SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS §560:1-…

§560:1-104 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or applicat…

§560:1-105 Construction against implied repeal. This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. [L 1996, c 288, pt of §1]

§560:1-106 Effect of fraud and evasion. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain …

§560:1-107 Evidence of death or status. In addition to the rules of evidence, the following rules relating to a determination of death and status apply:

§560:1-108 Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other d…

PART 2. DEFINITIONS §560:1-201 General definitions. Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this chapter: "Agent" includes an attorney-in-fac…

PART 3. SCOPE, JURISDICTION, AND COURTS §560:1-301 Territorial application. Except as otherwise provided in this chapter, this chapter applies to:

§560:1-302 Subject matter jurisdiction. (a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter relating to: (b) The court has full power to make orders, judgments and decrees and take all ot…

§560:1-303 Venue; multiple proceedings; transfer. (a) Where a proceeding under this chapter could be maintained in more than one place in this State, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same es…

§560:1-304 Practice in court. Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the Hawai`i probate rules govern formal and informal proceedings under this chapter. [L 1996, c 288, pt of §1]

§560:1-305 Records and certified copies. The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this chapter, including petitions and applications, demands for notices or bonds, t…

§560:1-307 Registrar; powers. The acts and orders which this chapter specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the c…

§560:1-308 Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the Hawai`i rules …

§560:1-309 Reserved.

§560:1-310 Oath or affirmation on filed documents. Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmati…

PART 4. NOTICE, PARTIES, AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS §560:1-401 Notice; method and time of giving. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause no…

§560:1-402 Notice; waiver. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a wa…

PART 10. UNIFORM INTERNATIONAL WILLS ACT §§560:2-1001 to 560:2-1010 Reserved.

ARTICLE II [OLD] INTESTATE SUCCESSION AND WILLS §§560:2-101 to 560:2-902 REPEALED. L 1996, c 288, pt of §6. ARTICLE II INTESTATE SUCCESSION AND WILLS PART 1. INTESTATE SUCCESSION A. General Provisions §560:2-101 Intestate estate. (a) Any part of a decedent's estate not effectivel…

§560:2-102 Share of spouse or reciprocal beneficiary. The intestate share of a decedent's surviving spouse or reciprocal beneficiary shall be:

§560:2-104 Requirement of survival by one hundred twenty hours; gestational period; pregnancy after decedent's death. (a) In this section, "gestational period" means the time between the start of a pregnancy and birth. (b) For purposes of intestate succession, homestead allowance…

§560:2-105.5 Escheat of kuleana lands. Any provision of law to the contrary notwithstanding, if the owner of an inheritable interest in kuleana land dies intestate, or dies partially intestate and that partial intestacy includes the decedent's interest in the kuleana land, and if…

§560:2-107 Inheritance without regard to number of common ancestors in the same generation. An heir shall inherit without regard to how many common ancestors in the same generation the heir shares with the decedent. [L 1996, c 288, pt of §1; am L 2023, c 158, §13]

§560:2-108 REPEALED. L 2023, c 158, §46.

§560:2-109 Advancements. (a) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's inte…

§560:2-110 Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants. [L…

§560:2-111 Alienage. No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien. [L 1996, c 288, pt of §1]

§560:2-112 Dower and curtesy abolished. The estates of dower and curtesy are abolished. [L 1996, c 288, pt of §1]

§560:2-113 Individuals related to decedent through more than one line. An individual who is related to the decedent through more than one line of relationship shall be entitled to only a single share based on one line of relationship. If the shares from the lines of relationship …

§560:2-114 Parent barred from inheriting in certain circumstances. (a) A parent shall be barred from inheriting from or through a child of the parent if: (b) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under t…

[B.] Parent-Child Relationship §560:2-121 Definitions. In this subpart: "Adoptee" means an individual who is adopted. "Child of assisted reproduction" means a child conceived by means of assisted reproduction by an individual other than a gestational surrogate under section 560:2…

§560:2-126 Individual conceived by assisted reproduction but not born to gestational or genetic surrogate. Except as otherwise provided under section 560:2-127, parentage of an individual conceived by assisted reproduction shall be determined under part VIII of chapter 584A, othe…

§560:2-127 Individual born to gestational or genetic surrogate. Parentage of an individual conceived by assisted reproduction and born to a gestational or genetic surrogate shall be determined under part IX of chapter 584A, other than sections 584A-909(b)(2) and 584A-916(b)(2). […

PART 2. ELECTIVE SHARE OF SURVIVING SPOUSE §560:2-201 Definitions. In this part: As used in sections other than section 560:2-205, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under section 560:2-205. "Fractional interest…

§560:2-202 Elective share. (a) Elective-share amount. The surviving spouse or reciprocal beneficiary of a decedent who dies domiciled in this State shall have a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to …

§560:2-204 Decedent's net probate estate. The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims. [L 1996, c 288, pt of …

§560:2-207 Surviving spouse's or reciprocal beneficiary's property and nonprobate transfers to others. (a) Included property. Except to the extent included in the augmented estate under section 560:2-204 or 560:2-206, the value of the augmented estate includes the value of: (b) T…

§560:2-208 Exclusions, valuation, and overlapping application. (a) Exclusions: (b) Valuation. The value of property: (c) Overlapping application; no double inclusion. In case of overlapping application to the same property of the paragraphs or subparagraphs of section 560:2-205, …

§560:2-209 Sources from which elective share payable. (a) Elective-share amount only. In a proceeding for an elective share, the following shall be applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate esta…

§560:2-210 Personal liability of recipients. (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to…

§560:2-211 Proceeding for elective share; time limit. (a) Except as provided in subsection (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date o…

§560:2-212 Right of election personal to surviving spouse or reciprocal beneficiary; incapacitated surviving spouse or reciprocal beneficiary. (a) Surviving spouse or reciprocal beneficiary must be living at time of election. The right of election may be exercised only by a survi…

§560:2-213 Waiver of right to elect and of other rights. (a) The right of election of a surviving spouse or reciprocal beneficiary and the rights of the surviving spouse or reciprocal beneficiary to homestead allowance, exempt property, and family allowance, or any of them, may b…

§560:2-214 Protection of payors and other third parties. (a) Although under section 560:2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transf…

PART 3. SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS §560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will. (a) If a testator's surviving spouse married the testator, or the testator's reciprocal beneficiary entered into a reciprocal beneficiary relationship …

§560:2-302 Omitted children. (a) Except as provided in subsection (b), if a testator fails to provide in the testator's will for any of the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child shall receive a share in …

PART 4. EXEMPT PROPERTY AND ALLOWANCES §560:2-401 Applicable law. This part applies to the estate of a decedent who dies domiciled in this State. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this State are governed …

§560:2-402 Homestead allowance. A decedent's surviving spouse or reciprocal beneficiary shall be entitled to a homestead allowance of $30,000. If there is no surviving spouse or reciprocal beneficiary, each minor child and each dependent child of the decedent shall be entitled to…

PART 5. WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS §560:2-501 Who may make will. An individual eighteen or more years of age who is of sound mind may make a will. [L 1996, c 288, pt of §1]