Title 30A, Uniform Probate Code

§560:1-101 Short title. This chapter shall be known and may be cited as the Uniform Probate Code. [L 1996, c 288, pt of §1]

§560:1-102 Purposes; rule of construction. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are to:

§560:1-103 Supplementary general principles of law applicable. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1996, c 288, pt of §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is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.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 …

§560:1-310 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…

[§560:1-311] Documents sealed upon filing. In any action or proceeding under this chapter in the circuit court having jurisdiction in matters relating to the affairs of decedents, the following documents shall be sealed upon filing: The foregoing documents shall remain sealed unl…

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…

§560:1-403 Pleadings; when parties bound by others; notice. In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following rules shall apply:

§560:2-101 Intestate estate. (a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or li…

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

§560:2-103 Share of heirs other than surviving spouse or reciprocal beneficiary. (a) Definitions. In this section: "Deceased parent", "deceased grandparent", or "deceased spouse" means a parent, grandparent, or spouse, as applicable, who either predeceased the decedent or is deem…

§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 No taker. If there is no taker under the provisions of this article, the intestate estate passes to the State. [L 1996, c 288, pt of §1]

§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…

§560:2-106 Representation. (a) Definitions. In this section: "Deceased descendant", "deceased parent", "deceased grandparent", "deceased spouse", or "deceased reciprocal beneficiary" means a descendant, parent, grandparent, spouse, or reciprocal beneficiary who either predeceased…

§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]

§560:2-109 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…

[§560:2-122] Effect of parent-child relationship. Except as otherwise provided in section 560:2-125(b) through (e), if a parent-child relationship exists or is established under this subpart, the parent shall be deemed a parent of the child, and the child shall be deemed a child …

[§560:2-123] No distinction based on marital status. Except as otherwise provided in sections 560:2-114, 560:2-125, 560:2-126, or 560:2-127, a parent-child relationship shall be deemed to exist between a child and the child's genetic parents, regardless of the parents' marital st…

[§560:2-124] Adoptee and adoptee's adoptive parent or parents. A parent-child relationship shall be deemed to exist between an adoptee and the adoptee's adoptive parent or parents. For purposes of this section:

[§560:2-125] Adoptee and adoptee's genetic parents. (a) Except as otherwise provided in subsections (b) through (e), a parent-child relationship shall not be deemed to exist between an adoptee and the adoptee's genetic parents. (b) A parent-child relationship shall be deemed to e…

§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). […

[§560:2-128] Equitable adoption. This subpart shall not affect the doctrine of equitable adoption. [L 2023, c 158, pt of §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 …

§560:2-203 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…

§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 …

§560:2-205 Decedent's nonprobate transfers to others. The value of the augmented estate shall include the value of the decedent's nonprobate transfers to others, not included under section 560:2-204, of any of the following types, in the amount provided respectively for each type…

§560:2-206 Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary. Excluding property passing to the surviving spouse or reciprocal beneficiary under the federal social security system, the value of the augmented estate includes the value of the deceden…

§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…