Title 29, Decedents' Estates

§531-33 Procedure to dispose of unclaimed personalty. Whenever the personal representative of an estate is unable to discover any living heirs or legatees of the decedent, the personal representative shall give notice to all heirs or legatees by publication in such newspaper or n…

[§531B-1] Short title. This chapter shall be known and may be cited as the Disposition of Remains Act. [L 2013, c 17, pt of §2]

§531B-10 Disposition of unclaimed cremated remains. Whenever any cremated remains have been in the lawful possession of any funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility for sixty or more days, and the person entitled under law to the right of dispo…

§531B-11 Immunity. No funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility or any of its officers, directors, members, partners, funeral directors, managers, or employees who reasonably rely in good faith upon the instructions of an individual claiming the…

§531B-2 Definitions. As used in this chapter: "Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with …

[§531B-3] Direction for disposition. A person may provide written directions for the location, manner, and conditions of disposition of the person's remains in a testamentary disposition, in a pre-need contract pursuant to chapter 441, or by any written document signed by the per…

[§531B-4] Right to control disposition; priority. (a) Unless a decedent has left directions in writing for the disposition of remains pursuant to section 531B-3 or 531B-5 or a person has forfeited the right of disposition pursuant to section 531B-6, the following persons, in the …

[§531B-5] Written instrument to control disposition of remains. A person who wishes to authorize another person to control the disposition of remains and the arrangements for funeral goods and services may execute a written instrument before a notary public. The written instrumen…

§531B-6 Forfeiture of right to direct disposition. A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next person in the order of priority as listed in section 531B-4, under the following circumstances: (1) The pers…

§531B-7 Disputes. (a) Any dispute among any of the persons listed in section 531B-4 concerning the right of disposition or priority shall be resolved by the probate court for the county where the decedent resided. The probate court may award the right of disposition to the person…

§531B-8 Right to rely on representations. (a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceden…

§531B-9 Authority to direct and control disposition; recovery of reasonable expenses. (a) A funeral director or manager of a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have complete authority to direct and control the final disposition and …

§532-1 Issue includes whom. The word "issue," as used in this chapter, includes all the lawful lineal descendants of the ancestor. [CC 1859, §1462; RL 1925, §3304; RL 1935, §4812; RL 1945, §12072; RL 1955, §318-1; HRS §532-1]

§532-10 Advancements; effect of. If an advancement has been made by an intestate to any of his children by settlement or portion of real or personal estate, or both, the value thereof shall be reckoned for the purposes of this section only, as part of the real and personal estate…

§532-11 Advancement; valuation of. The value of any real or personal estate so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise, the value shall be estimated according to the worth of the property when given.…

§532-12 What not advancements. The maintaining or educating, or the giving money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement. [CC 1859, §1460; RL 1925, §3313; RL 1935, §4821; RL 1945, §12081; RL 1955, §318-12; HRS §532-12]

§532-13 Procedure if partition undesirable. When any part of the property left by the intestate consists of real estate, and the same is to be divided among several children, and in the opinion of the probate court it is desirable that the real estate or any particular piece ther…

§532-14 Disposition by State. If the intestate leaves no kindred, the intestate's estate shall be disposed of as provided in chapter 523A. [CC 1859, §1451; RL 1925, §3315; RL 1935, §4823; RL 1945, §12083; RL 1955, §318-14; HRS §532-14; am L 1974, c 75, §6; am L 1985, c 68, §25]

§532-2 To heirs. Whenever any person dies intestate, his property, both real and personal, of every kind and description, shall descend to and be divided among his heirs, as in this chapter prescribed; provided that upon the death, testate or intestate, of any occupier or lessee …

§532-3 Actual possession not requisite. It shall not be requisite that the intestate shall have been in actual possession of the property; it is sufficient if he had a good claim to it at the time of his death. [CC 1859, §1461; RL 1925, §3303; RL 1935, §4811; RL 1945, §12071; RL …

§532-4 General rules of descent. (a) Issue, lineal descendants. The property shall be divided equally among the intestate's children, and the issue of any deceased child by right of representation, and if there is no child of the intestate living at his death, his estate shall de…

§532-5 From unmarried minor child. If the intestate dies leaving several children, or leaving one child, and the issue of one or more others, and any surviving child dies under age not having been married, all the estate that came to the deceased child by inheritance from the dec…

§532-6 To child born to parents not married to each other. Every child born to parents not married to each other at the time of the child's birth and for whom the parent-child relationship has not been established pursuant to chapter 584A shall be considered as an heir to the chi…

§532-7 From persons born to parents not married to each other. If any person born to parents not married to each other dies intestate, without leaving lawful issue, or a spouse, the decedent's estate shall descend to the decedent's mother; but if the decedent leaves a spouse, the…

§532-8 Kindred of half blood. The kindred of the half blood shall inherit equally with those of the whole blood in the same degree; provided that where the inheritance came to the intestate by descent, devise, or gift, of some one of his ancestors, all those who are not of the bl…

§532-9 Posthumous children. Posthumous children shall, in all cases, inherit the same as if they had been born during their father's lifetime. [CC 1859, §1456; RL 1925, §3310; RL 1935, §4818; RL 1945, §12078; RL 1955, §318-9; HRS §532-9]

§533-10 Barred by deed. A woman may bar her right of dower, in any land conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by a separate deed releasing the same, made at the time of the conveyance by her husba…

§533-11 Barred by jointure before marriage. A woman may also be barred of her dower in the lands of her husband, by a jointure settled on her with her assent before her marriage; provided the jointure consists of an estate in lands, for the life of the wife at least, to take effe…

§533-12 Barred by pecuniary provision before marriage. Any pecuniary provision that is made for the benefit of an intended wife, and in lieu of her dower, shall, if assented to as provided in section 533-11, bar her right of dower in all the lands of her husband. [CC 1859, §1310;…

§533-13 Election between dower and jointure or pecuniary provision, when. If any jointure or pecuniary provision in lieu of dower is made before the marriage and without the assent of the intended wife, or if it is made after marriage, it shall bar her dower, unless within six mo…

§533-16 Curtesy; election between curtesy and will. In case the wife dies first and intestate, then except as in this section provided, her property shall immediately descend to her heirs, but shall be in all cases, whether she die testate or intestate, subject to a life interest…

§533-17 Standard of values; dower, etc. Whenever it becomes expedient or necessary to determine the value of any right of dower or any other life estate or interest in any property, in any proceeding for partition or for the admeasurement of dower, or wherein the value of any est…

§533-2 Election in case of exchanged lands. If a husband seised of lands in fee simple, in freehold, or in leasehold, exchanges them for other such lands, his widow shall not have dower to both, but shall make her election to be endowed of the lands given, or of those taken in ex…

§533-3 In lands mortgaged before marriage. Where any person seised of lands, as aforesaid, has executed a mortgage of the lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those …

§533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee. When a husband purchases lands during coverture, and at the same time mortgages his estate in the lands to secure the payment of the purchase money, his widow shall not be entitled to dower ou…

§533-5 In surplus after purchase-money mortgage paid. Where in such case the mortgagee, or those claiming under him, after the death of her husband, causes the land mortgaged to be sold, and any surplus remains, after the payment of the moneys due on the mortgage, and the costs a…

§533-6 Not in lands held by husband as mortgagee. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquired an absolute estate therein during marriage. [CC 1859, §1304; RL 1925, §3022; RL 1935, §4835; RL 1945, §12105; RL 1955, §319-6; HR…

§533-7 Widow's right to occupy lands while dower unassigned. When a widow is entitled to dower in the lands of which her husband died seised, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one-third part of the rents, issues, …

§533-8 Widow's right to remain in husband's house. A widow may remain in the house of her husband sixty days after his death, without being chargeable with rent therefor. In the meantime she shall have her reasonable sustenance out of his estate. [CC 1859, §1306; RL 1925, §3024; …

§533-9 Barred by divorce or misconduct. In case of divorce dissolving the marriage contract, the wife shall not be endowed. No wife who has for one year or upwards, previous to the death of her husband, wilfully and utterly deserted her husband, shall be endowed or be entitled by…

§535-1 Specific performance of decedent's contracts to convey real estate. When any person, who is bound by a contract in writing to convey any real estate, dies before making the conveyance, the other party may commence an action in a circuit court to enforce a specific performa…

[§539-1] Definitions. In this chapter, unless the context otherwise requires: "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon…

[§539-10] Terms, conditions, and forms for registration. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation…

[§539-11] Short title; rules of construction. (a) This chapter shall be known as and may be cited as the Uniform TOD Security Registration Act. (b) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws wit…

[§539-12] Application of chapter. This chapter applies to registrations of securities in beneficiary form made before or after April 29, 1998, by decedents dying on or after April 29, 1998. [L 1998, c 63, pt of §1]

[§539-2] Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain regis…