Haw. Rev. Stat. § 539-4 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-4
Origination of registration in beneficiary form.
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Haw. Rev. Stat. § 539-11 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-11
Short title; rules of construction.
Status: in_force

(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 with respect to the subject of this chapter among states enacting it.

(c) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1998, c 63, pt of §1]
Haw. Rev. Stat. § 532-9 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-9
Posthumous children.
Status: in_force

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]
Haw. Rev. Stat. § 533-4 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-4
Not in lands mortgaged for purchase money during coverture as against mortgagee.
Status: in_force

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 out of the lands, as against the mortgagee or those claiming under him, although she has not united in the mortgage, but she shall be entitled to her dower as against all other persons. [CC 1859, §1302; RL 1925, §3020; RL 1935, §4833; RL 1945, §12103; RL 1955, §319-4; HRS §533-4]
Haw. Rev. Stat. § 539-5 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-5
Form of registration in beneficiary form.
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
Haw. Rev. Stat. § 531B-4 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-4
[ §531B-4] Right to control disposition; priority.
Status: in_force

[ §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 priority listed, have the right to control the disposition of the decedent's remains and the location, manner, and conditions of disposition of the decedent's remains:

(1) A person designated by the decedent in a testamentary disposition or a written instrument executed in accordance with section 531B-5;

(2) The surviving spouse, if the decedent was legally married at the time of death; the surviving partner, as defined in section 572B-1, if the decedent had legally entered into a civil union at the time of death; or the surviving reciprocal beneficiary, as defined in section 572C-3, if the decedent was in a reciprocal beneficiary relationship at the time of death;

(3) The sole surviving child of the decedent, or if there is more than one surviving child, the majority of the surviving children. Less than the majority of the surviving children shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving children and the other surviving children cannot be located or have not responded within five days of the notification of the decedent's death;

(4) The surviving parent or parents of the decedent. Only one surviving parent shall be vested with the rights and duties of this section if that surviving parent used reasonable efforts to notify the other surviving parent and the other surviving parent cannot be located or has not responded within five days of the notification of the decedent's death;

(5) The surviving sibling of the decedent, or if there is more than one surviving sibling, the majority of the surviving siblings. Less than the majority of the surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings and the other surviving siblings cannot be located or have not responded within five days of the notification of the decedent's death;

(6) The surviving grandparent of the decedent, or if there is more than one surviving grandparent, the majority of the surviving grandparents. Less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents and the other surviving grandparents cannot be located or have not responded within five days of the notification of the decedent's death;

(7) The surviving grandchild of the decedent, or if there is more than one surviving grandchild, the majority of the surviving grandchildren. Less than the majority of the surviving grandchildren shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandchildren and the other surviving grandchildren cannot be located or have not responded within five days of the notification of the decedent's death;

(8) The guardian of the decedent at the time of the decedent's death, if one had been appointed;

(9) The personal representative of the estate of the decedent;

(10) The person in the next degree of kinship to the decedent, in descending order, subject to descent and distribution under the laws of succession of the State. If there is more than one person of the same degree of kinship to the decedent, any person of that degree may exercise the right of disposition;

(11) If the disposition of the remains of the decedent is the responsibility of the State or a political subdivision of the State, the public officer, administrator, or employee responsible for arranging the final disposition of decedent's remains; and

(12) In the absence of any person under paragraphs (1) through (10) of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, after attesting in writing that a good faith effort has been made to notify the individuals under paragraphs (1) through (10) of the decedent's death, and no persons have agreed to assume the responsibilities or have responded within five days of the notification.

(b) If a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, was in effect at the time of death for a decedent who died in a manner described by title 10 United States Code sections 1481(a)(1) through (8), the DD Form 93 controls any other written instrument described in section 531B-3 or 531B-5 with respect to designating a person to control the disposition of the decedent's remains. Notwithstanding section 531B-3 or 531B-5, the form is legally sufficient if it is properly completed, signed by the decedent, and witnessed in the manner required by the form. [L 2013, c 17, pt of §2]
Haw. Rev. Stat. § 539-7 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-7
Ownership on death of owner.
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Haw. Rev. Stat. § 533-14 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-14
§§533-14, 533-15 REPEALED.
Status: repealed

§§533-14, 533-15 REPEALED. L 1977, c 144, §54.
Haw. Rev. Stat. § 532-12 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-12
What not advancements.
Status: in_force

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]
Haw. Rev. Stat. § 532-10 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-10
Advancements; effect of.
Status: in_force

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 of the intestate, descendible to his heirs, and to be distributed to his next of kin, according to law.

If the advancement is equal or superior to the amount or share which the child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then the child and his descendants shall be excluded from any share in the real and personal estate of the intestate.

If the advancement is not equal to the share, the child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in the real and personal estate and advancement, equal as nearly as can be estimated. [CC 1859, §§1457, 1459; RL 1925, §3311; RL 1935, §4819; RL 1945, §12079; RL 1955, §318-10; HRS §532-10]
Haw. Rev. Stat. § 533-2 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-2
Election in case of exchanged lands.
Status: in_force

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 exchange, within six months after the death of her husband. If the election is not made, she shall take her dower of the lands received in exchange. [CC 1859, §1300; RL 1925, §3018; RL 1935, §4831; am L 1939, c 33, §2; RL 1945, §12101; RL 1955, §319-2; HRS §533-2; am L 1970, c 31, pt of §1]
Haw. Rev. Stat. § 539-1 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-1
Definitions.
Status: in_force

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 the death of the owner.

"Devisee" means any person designated in a will to receive a disposition of real or personal property.

"Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

"Person" means an individual, a corporation, an organization, or other legal entity.

"Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

"Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

"Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

"Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

"Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

"Security account" means:

(1) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or

(2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. [L 1998, c 63, pt of §1]
Haw. Rev. Stat. § 532-7 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-7
From persons born to parents not married to each other.
Status: repealed

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 spouse shall take one-half, and the decedent's mother the other half, and if the decedent's mother is not living, but the decedent's spouse is, then the spouse shall take one-half, and the remaining half shall go to the decedent's brothers and sisters in equal parts, the children of any deceased brother or sister taking by right of representation. In default of surviving brothers or sisters, or their issue, such one-half shall go to the brothers and sisters of the decedent's mother in equal shares, the issue of any such brother or sister who is deceased, taking by right of representation. In default of any relatives as are in this section mentioned, the half, and the whole in the event that the decedent leaves no spouse, shall go to the decedent's next of kin. No action shall be commenced or prosecuted on behalf of the State to recover or hold any property which but for this section, might have been held to have escheated to the State. [CC 1859, §1453; am L 1874, c 50, §2 (repealed by L 1876, c 9); am L 1909, c 6, §1; RL 1925, §3308; RL 1935, §4816; RL 1945, §12076; RL 1955, §318-7; HRS §532-7; am L 1972, c 108, §2; am L 1997, c 52, §3]
Haw. Rev. Stat. § 532-5 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-5
From unmarried minor child.
Status: in_force

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 deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any other deceased children, who have died, by right of representation.

If at the death the child who dies under age, not having been married, all the other children of his parent are also dead, and any of them has left issue, the estate that came to the child by inheritance from his parent, shall descend to all the issue of the other children of the same parent; and if all the issue are in the same degree of kindred to the child, they shall share the estate equally; otherwise they shall take according to the right of representation. [CC 1859, §§1449, 1450; RL 1925, §3306; RL 1935, §4814; RL 1945, §12074; RL 1955, §318-5; HRS §532-5]
Haw. Rev. Stat. § 533-10 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-10
Barred by deed.
Status: in_force

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 husband, or subsequently; or she may delegate to an attorney in fact other than her husband, the power to execute such release, either by general or special power of attorney, and her execution and acknowledgment of the power of attorney may be in the same manner as if she were sole; or by agreement made in contemplation of divorce or judicial separation as provided by section 572-22.

No release of dower duly executed by the attorney in fact of any married woman prior to April 18, 1898, shall be invalid or inoperative merely by reason of its not having been executed by the married woman in person. [CC 1859, §1308; am L 1898, c 13, §§1-2; RL 1925, §3026; RL 1935, §4839; am L 1939, c 33, §3; RL 1945, §12109; RL 1955, §319-10; HRS §533-10]

Revision Note

Section "572-22" substituted for "573-2".
Haw. Rev. Stat. § 531-12 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-12
§§531-12 to 531-14 REPEALED.
Status: repealed

§§531-12 to 531-14 REPEALED. L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 531-30 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-30
§§531-30 to 531-32 REPEALED.
Status: repealed

§§531-30 to 531-32 REPEALED. L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 532-11 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-11
Advancement; valuation of.
Status: in_force

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. [CC 1859, §1459; RL 1925, §3312; RL 1935, §4820; RL 1945, §12080; RL 1955, §318-11; HRS §532-11]
Haw. Rev. Stat. § 532-1 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-1
Issue includes whom.
Status: in_force

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]
Haw. Rev. Stat. § 533-7 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-7
Widow's right to occupy lands while dower unassigned.
Status: in_force

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, and profits thereof, so long as the heirs do not object thereto, without having her dower assigned. [CC 1859, §1305; RL 1925, §3023; RL 1935, §4836; RL 1945, §12106; RL 1955, §319-7; HRS §533-7]
Haw. Rev. Stat. § 532-14 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-14
Disposition by State.
Status: in_force

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]
Haw. Rev. Stat. § 533-13 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-13
Election between dower and jointure or pecuniary provision, when.
Status: in_force

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 months after receiving notice of the death of her husband, and of the jointure or pecuniary provision, she makes her election to waive the jointure or provision, and to be endowed of the lands of her husband. [CC 1859, §1311; RL 1925, §3029; RL 1935, §4842; RL 1945, §12112; RL 1955, §319-13; HRS §533-13]
Haw. Rev. Stat. § 531B-5 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-5
[ §531B-5] Written instrument to control disposition of remains.
Status: in_force

[ §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 instrument shall be in substantially the following form:

"State of___________________

County of___________________

I, _______________ do hereby designate ________________ as the sole person who will have the right to determine and decide the disposition of my remains upon my death and the arrangements for funeral goods and services. I __ have/ __ have not attached specific directions concerning the disposition of my remains. If I have attached specific directions, the designee shall substantially comply with the specific directions, provided the directions are lawful and there are sufficient resources in my estate to carry out the directions.

SIGNATURE: Sign and date the form here:

____________________________ ___________________________

(sign your name) (date)

____________________________

(print your name)

DECLARATION OF NOTARY:

Subscribed and sworn before me, __________________ (insert name of notary public), on this _____________ day of _______________, in the year _______.

Notary Seal

____________________________

(Signature of Notary Public)"
Haw. Rev. Stat. § 533-17 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-17
Standard of values; dower, etc.
Status: in_force

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 estate is required to be provided for out of the proceeds of sale of the property subject thereto, the value thereof shall be determined by the rule, method, and the standards of mortality and of value that are set forth in the standard annuity tables of mortality for ascertaining the value of policies of life insurance and annuities, using five per cent a year as the rate of interest in connection therewith.

When the dower in real estate cannot be set apart without great injury to the owners, the court may ascertain the value of the dower in money, and order the same to be paid on such terms as shall be just and reasonable. [L 1929, c 19, §1; RL 1935, §4846; RL 1945, §12116; RL 1955, §319-17; am L 1957, c 26, §1; HRS §533-17; am L 1972, c 108, §3; am L 1976, c 200, pt of §1]
Haw. Rev. Stat. § 531-28.5 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-28.5
Petition to sell real property.
Status: in_force

If required by the decedent's will or if demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding, the personal representative or guardian shall present to the court having jurisdiction of the estate a petition setting forth the condition of the estate, and the facts and circumstances tending to show the necessity or expediency of the sale of real property. If it appears to the court either that it is necessary or that it would be advisable and for the benefit of the estate that the real property or any part thereof be sold, and that sufficient notice of the proposed sale has been given to interested persons as defined in section 560:1-201, the court may authorize the personal representative or guardian to sell the real property either at private sale or at public auction on such terms as the court shall order.
Haw. Rev. Stat. § 533-9 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-9
Barred by divorce or misconduct.
Status: in_force

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 way of dower to any property owned by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935, §4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9]
Haw. Rev. Stat. § 532-2 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-2
To heirs.
Status: in_force

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 of public land, holding under an existing certificate of occupation or an existing nine hundred and ninety-nine year homestead lease, succession to the decedent's interest in such land shall be determined as provided in section 171-99(e). [CC 1859, §1447; RL 1925, §3302; RL 1935, §4810; RL 1945, §12070; RL 1955, §318-2; HRS §532-2; am L 1974, c 71, §1]
Haw. Rev. Stat. § 531B-6 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-6
Forfeiture of right to direct disposition.
Status: in_force

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 person is charged with murder or manslaughter in connection with the decedent's death, and the charges are known to the funeral director or manager of the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility; provided that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to that person, unless the dismissal or acquittal occurs after the final disposition has been completed;

(2) The person does not exercise the person's right of disposition within five days of notification of the decedent's death or within seven days of the decedent's death, whichever is earlier;

(3) The person and the decedent are spouses, civil union partners, or reciprocal beneficiaries, and at the time of the decedent's death, proceedings for annulment, divorce, or separation had been initiated or a declaration for termination of the reciprocal beneficiary relationship had been filed; or

(4) The probate court pursuant to section 531B-7 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. [L 2013, c 17, pt of §2; am L 2022, c 294, §7]
Haw. Rev. Stat. § 531B-3 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-3
[ §531B-3] Direction for disposition.
Status: in_force

[ §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 person and notarized. The written directions may also include arrangements for funeral goods and services to be provided upon that person's death and shall take precedence over wishes or other direction by any other person.
Haw. Rev. Stat. § 531-16 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-16
§§531-16 to 531-19 REPEALED.
Status: repealed

§§531-16 to 531-19 REPEALED. L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 539-12 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-12
Application of chapter.
Status: in_force

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.

Revision Note

"April 29, 1998" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 533-11 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-11
Barred by jointure before marriage.
Status: in_force

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 effect immediately on the death of her husband; her assent to the jointure being expressed, if she is of full age, by her becoming a party to the conveyance by which it is settled, and if she is under age, by her joining with her father or guardian in the conveyance. [CC 1859, §1309; RL 1925, §3027; RL 1935, §4840; RL 1945, §12110; RL 1955, §319-11; HRS §533-11]
Haw. Rev. Stat. § 531-21 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-21
§§531-21 to 531-28 REPEALED.
Status: repealed

§§531-21 to 531-28 REPEALED. L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 535-1 — HI Code / Division 3 / Title 29 / Chapter 535 / Section 535-1
Specific performance of decedent's contracts to convey real estate.
Status: in_force

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 performance of the contract, the action to be commenced within one year after the grant of administration. [CC 1859, §1057; RL 1925, §2862; RL 1935, §4760; RL 1945, §12151; RL 1955, §321-1; HRS §535-1; am L 1972, c 108, §4(a); am L 1976, c 200, pt of §1; am L 1977, c 144, §61]
Haw. Rev. Stat. § 539-2 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-2
Registration in beneficiary form; sole or joint tenancy ownership.
Status: in_force

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 registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Haw. Rev. Stat. § 533-6 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-6
Not in lands held by husband as mortgagee.
Status: in_force

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; HRS §533-6]
Haw. Rev. Stat. § 531B-1 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-1
[ §531B-1] Short title.
Status: in_force

[ §531B-1] Short title. This chapter shall be known and may be cited as the Disposition of Remains Act.
Haw. Rev. Stat. § 531B-11 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-11
Immunity.
Status: in_force

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 right of disposition shall be subject to criminal or civil liability or administrative or disciplinary action for carrying out the disposition of the remains in accordance with the instructions.
Haw. Rev. Stat. § 531-15 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-15
Determination of bar to dower or curtesy.
Status: in_force

The bar to dower and curtesy or to rights by way of dower or curtesy provided by the second paragraph of sections 533-9 and 533-16, respectively, shall not operate except upon determination by order of a court of probate in proceedings for the administration of the estate, or by a court in proceedings for the determination of heirs, of the deceased spouse, and then only if claim of bar is made by a person claiming the estate, or any part thereof, or any interest therein. The spouse sought to be barred shall be notified of the claim and of the hearing thereon either by personal service or by publication of the notice thereof, in the manner provided for, and which may be included in, notice of determination of heirs or devisees or by both such personal and published service, as the court may direct. The order of determination shall be conclusive as to the rights of the surviving spouse, subject only to be reversed, set aside or modified on appeal. A certified copy of the order shall be recorded in the bureau of conveyances, in case the title to land is involved, and if the land affected has been registered in the land court, a like copy shall be filed in the office of the assistant registrar of the court unless the interest of the deceased spouse in such land consists solely of one or more leasehold time share interests as described in section 501-20.
Haw. Rev. Stat. § 531B-10 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-10
Disposition of unclaimed cremated remains.
Status: in_force

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 disposition fails, neglects, or refuses to take custody of the cremated remains or direct the disposition, the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility with lawful possession of the cremated remains may dispose of the remains by any manner that is not inconsistent with any law of the State.
Haw. Rev. Stat. § 539-9 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-9
Nontestamentary transfer on death.
Status: in_force

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.

(b) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State. [L 1998, c 63, pt of §1]
Haw. Rev. Stat. § 533-5 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-5
In surplus after purchase-money mortgage paid.
Status: in_force

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 and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of the surplus, for her life, as her dower. [CC 1859, §1303; RL 1925, §3021; RL 1935, §4834; RL 1945, §12104; RL 1955, §319-5; HRS §533-5]
Haw. Rev. Stat. § 532-13 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-13
Procedure if partition undesirable.
Status: in_force

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 thereof be not divided, then the eldest son, and in succession of age after him the other sons, or if he or they renounce or decline the privilege, then the daughters in like succession may, after the property or piece of property has been duly appraised by a court of probate, elect to pay to the others the amount of their shares in money, in order that the land may not be divided. The same rule shall apply where a part of the claimants are children, and the rest are issue of deceased children of the intestate. [CC 1859, §1455; am L 1878, c 1; RL 1925, §3314; RL 1935, §4822; RL 1945, §12082; RL 1955, §318-13; HRS §532-13]
Haw. Rev. Stat. § 532-6 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-6
To child born to parents not married to each other.
Status: repealed

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 child's mother, and shall inherit the mother's estate, in whole or in part, as the case may be, in like manner as if the child had been born in lawful wedlock. [CC 1859, §1452; am L 1874, c 50, §1 (repealed by L 1876, c 9); RL 1925, §3307; RL 1935, §4815; RL 1945, §12075; RL 1955, §318-6; HRS §532-6; am L 1997, c 52, §2; am L 2025, c 298, §7]
Haw. Rev. Stat. § 535-6 — HI Code / Division 3 / Title 29 / Chapter 535 / Section 535-6
§§535-6, 535-7 REPEALED.
Status: repealed

§§535-6, 535-7 REPEALED. L 1977, c 144, §62.
Haw. Rev. Stat. § 539-10 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-10
Terms, conditions, and forms for registration.
Status: in_force

(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 of registrations in beneficiary form, including requests for cancellation of previously registered transfer-on-death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS", standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:

(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.;

(2) Multiple owners-sole beneficiary: John S. Brown Mary B . Brown JT TEN TOD John S. Brown Jr.;

(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS. [L 1998, c 63, pt of §1]
Haw. Rev. Stat. § 532-3 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-3
Actual possession not requisite.
Status: in_force

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 1955, §318-3; HRS §532-3]
Haw. Rev. Stat. § 539-8 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-8
Protection of registering entity.
Status: in_force

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 539-7 and does so in good faith reliance (1) on the registration, (2) on this chapter, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.

(d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. [L 1998, c 63, pt of §1]
Haw. Rev. Stat. § 533-8 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-8
Widow's right to remain in husband's house.
Status: in_force

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; RL 1935, §4837; RL 1945, §12107; RL 1955, §319-8; HRS §533-8]
Haw. Rev. Stat. § 535-5 — HI Code / Division 3 / Title 29 / Chapter 535 / Section 535-5
REPEALED.
Status: in_force

L 1972, c 108, §4(g).
Haw. Rev. Stat. § 531B-2 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-2
Definitions.
Status: in_force

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 one or more vaults or crypt interments; a structure or place with one or more niches, recesses, or other receptacles for the interment of cremated remains, or any combination of one or more thereof.

"Conventional cremation" means the irreversible process of reducing human remains to bone fragments or skeletal remains through heat and evaporation.

"Cremated remains" means all human remains recovered after the completion of the cremation, which may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains.

"Cremation" means conventional cremation or water cremation.

"Crematory" means a structure containing a furnace used or intended to be used for the conventional cremation of human remains.

"Estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.

"Funeral establishment" means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains.

"Hydrolysis equipment" means the equipment, machinery, or unit specifically designed and built for the purposes of processing human remains using water cremation. "Hydrolysis equipment" includes prebuilt and prepackaged hydrolysis units or equipment that is erected on site of a hydrolysis facility.

"Hydrolysis facility" means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation.

"Mortuary" means a place of business devoted exclusively to furnishing funeral services and related commodities.

"Person" means an individual eighteen years of age or older.

"Water cremation" means alkaline hydrolysis, which is the reduction of human remains to bone fragments and essential elements using heat, pressure, water, and base chemical agents. [L 2013, c 17, pt of §2; am L 2022, c 294, §6]
Haw. Rev. Stat. § 531B-9 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-9
Authority to direct and control disposition; recovery of reasonable expenses.
Status: in_force

(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 disposal of a decedent's remains and to proceed under this chapter to recover reasonable charges for the final disposition and disposal if:

(1) The funeral director or manager:

(A) Has no knowledge that any of the persons described in section 531B-4(a)(1) through (a)(10) exist;

(B) Has knowledge that the person or persons who may or do have the right of disposition cannot be found after reasonable inquiry or reasonable attempts to contact; or

(C) Has knowledge that the person or persons who may or do have the right of disposition have lost this right pursuant to section 531B-6; and

(2) The appropriate public authority fails to assume responsibility for disposition of the remains within thirty-six hours after having been given written notice of the decedent's death. Written notice may be given by hand delivery, certified mail, facsimile transmission, or electronic mail transmission.

(b) Disposal of the decedent's remains pursuant to this section shall be by any means that are not prohibited by law. [L 2013, c 17, pt of §2; am L 2022, c 294, §10]
Haw. Rev. Stat. § 535-2 — HI Code / Division 3 / Title 29 / Chapter 535 / Section 535-2
§§535-2 to 535-4 REPEALED.
Status: repealed

§§535-2 to 535-4 REPEALED. L 1977, c 144, §62.
Haw. Rev. Stat. § 531B-8 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-8
Right to rely on representations.
Status: in_force

(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 decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order the disposition.

(b) A funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have the right to rely on the funeral service agreement, cremation authorization form, or any other authorization form, including the identification of the decedent, and shall have the authority to carry out the instructions of the person or persons whom the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility reasonably believes to hold the right of disposition.

(c) The funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have no responsibility to verify the identity of the decedent or contact or independently investigate the existence of any person who may have a right of disposition. If there is more than one person in the same priority class pursuant to section 531B-4 and the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility has no knowledge of any objection by other members of the priority class, it may rely on and act according to the instructions of the first person in the priority class to make funeral and disposition arrangements; provided that no other person in the priority class provides written notice to the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility of that person's objections. [L 2013, c 17, pt of §2; am L 2022, c 294, §9]
Haw. Rev. Stat. § 531-20 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-20
Banks, fiduciaries to disclose property of decedents, when; penalty.
Status: in_force

Every banking house, fiduciary company, agent, or trustee, as soon as practicable after the receipt of a written statement, verified by the oath of the person making the same, showing: the death of a person for whom such fiduciary holds property; that the person making the statement is a kinsman of the deceased, together with the relationship which existed; and that the person claims to be an heir of the deceased; shall disclose to the person making the statement the nature and kind of property so held.

Any fiduciary company, agent, or trustee, refusing so to disclose the nature and kind of property so held, shall be fined not more than $500. [L 1915, c 11, §§1-2; RL 1925, §2486; RL 1935, §4782; RL 1945, §12019; RL 1955, §317-20; HRS §531-20]
Haw. Rev. Stat. § 539-6 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-6
Effect of registration in beneficiary form.
Status: in_force

The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Haw. Rev. Stat. § 531-29 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-29
Confirmation of sales of real property by personal representatives or guardians.
Status: in_force

If required by the decedent's will or if demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding, the personal representative or the guardian selling real property of the estate shall obtain from the court an order of confirmation of the sale before making conveyance of the real property sold. The order confirming the sale shall be given upon affirmative proof that the selling price was a fair and just price for the property sold and that the sale complied with the order of the court authorizing the sale.

If a sale being presented to the court for confirmation is a private sale, the court shall require a notice of the sale to be posted in an appropriate place in the courthouse of the circuit wherein the matter is pending and also of the circuit wherein the property is located, if they are different, at least fifteen days prior to considering the confirmation, the notice to set forth a description of the property, including the tax key number, the proposed sale price including the terms of payment, a description of any encumbrances thereon, the date of the confirmation hearing and a solicitation for sealed bids thereon or any other information required by the court. The court may also require that the notice be published at least twice in a newspaper in the circuit where the property is located, the last publication to be at least fifteen days prior to considering the confirmation. If a written offer in an amount at least ten per cent more on the first $10,000 of the selling price and five per cent more on the amount of the selling price in excess of $10,000 is made to the court by a responsible person, who may be the original offeror, prior to the hour scheduled for the hearing of confirmation, the court upon the hearing of confirmation, shall permit the original and subsequent offerors to make a further offer, and if any new offer shall be in an amount at least five per cent more than the highest written offer made to the court, then the court shall, in such manner as it shall determine, permit the original and subsequent offerors to make additional higher offers and shall confirm the sale to the one making the highest offer acceptable to the estate finally received.

Upon the confirmation of any sale, the court may fix the compensation for the services to the estate of the personal representative or guardian, the personal representative's or guardian's attorney, or real estate agent securing the original offeror. In case of a sale on an increased bid made at the time of confirmation to a purchaser other than the original offeror, the court shall also fix the compensation payable by the estate to the agent, if any, producing the successful bidder, but the total compensation payable by the estate in that case shall not exceed the amount of the commission payable on the amount for which the sale is confirmed. [L 1911, c 121, §3; RL 1925, §2495; am L 1935, c 55, §1; RL 1935, §4791; RL 1945, §12028; am L 1945, c 122, §3; RL 1955, §317-29; am L 1957, c 258, §2; am L 1959, c 130, §§1, 2; HRS §531-29; am L 1972, c 108, §1(a), (f); am L 1976, c 200, pt of §1; am L 1980, c 260, §1; am L 1981, c 82, §31; gen ch 1985; am L 1996, c 288, §3]
Haw. Rev. Stat. § 531B-7 — HI Code / Division 3 / Title 29 / Chapter 531B / Section 531B-7
Disputes.
Status: in_force

(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 determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains.

(b) The following provisions shall apply to the court's determination under this section:

(1) If two or more persons with the same priority class hold the right of disposition and cannot agree by majority vote regarding the disposition of the decedent's remains, or there are any persons who claim to have priority over any other person, any of these persons or a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility with custody of the remains may file a petition asking the probate court to make a determination in the matter; and

(2) In making a determination in a case where there are two or more persons with the same priority class who cannot agree by majority vote, the probate court may consider the following:

(A) The reasonableness and practicality of the proposed funeral arrangements and disposition;

(B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;

(C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;

(D) The convenience and needs of other families and friends wishing to pay respects;

(E) The desires of the decedent; and

(F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.

(c) In the event of a dispute regarding the right of disposition, a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall not be liable for refusing to accept the remains, to inter or otherwise dispose of the remains of the decedent, or complete the arrangements for the final disposition of the remains until it receives a court order or other written agreement signed by the parties in the disagreement that the dispute has been resolved or settled.

If the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility retains the remains for final disposition while the parties are in disagreement, it may embalm or refrigerate and shelter the body, or both, while awaiting the final decision of the probate court and may add the cost of embalming or refrigeration and sheltering to the cost of final disposition.

If a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility brings an action under this section, it may add the legal fees and court costs associated with a petition under this section to the cost of final disposition.

This section shall not be construed to require or impose a duty upon a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility to bring an action under this section.

A funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility and its officers, directors, managers, members, partners, or employees may not be held criminally or civilly liable for choosing not to bring an action under this section. [L 2013, c 17, pt of §2; am L 2022, c 294, §8]
Haw. Rev. Stat. § 532-4 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-4
General rules of descent.
Status: repealed

(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 descend to all his other lineal descendants; and if all such descendants are in the same degree of kindred to the intestate, they shall share the estate per capita, that is, equally; otherwise they shall inherit per stirpes, that is, by each of the children taking a share, and the grandchildren, the children of a deceased child taking a share, to be afterwards divided among themselves.

(b) Widow; father and mother; brothers and sisters. If the intestate leaves no issue, his estate shall descend one-half to his widow, and the other half to his father and mother as tenants in common; and if he leaves no widow, nor issue, the whole shall descend to his father and mother, or to either of them if only one is alive.

If he leaves no issue, nor father, nor mother, his estate shall descend one-half to his widow, and the other half to his brothers and sisters, and to the children of any deceased brother or sister by right of representation. If he leaves no issue, nor father, nor mother, nor widow, his estate shall descend to his brothers and sisters, and to the children of any deceased brother or sister by right of representation.

(c) Husband; father and mother; brothers and sisters. If the intestate is a woman and leaves no issue, her estate shall descend one-half to her husband, and the other half to her father and mother as tenants in common, and if she leaves no husband, nor issue, the whole shall descend to her father and mother, or to either of them if only one is alive; if she leaves no issue, nor father, nor mother, her estate shall descend one-half to her husband and the other half to her brothers and sisters, and to the children of any deceased brother or sister by right of representation. If she leaves no issue, nor father, nor mother, nor husband, her estate shall descend to her brothers and sisters, and to the children of any deceased brother or sister by right of representation.

(d) Widow or husband. If the intestate leaves no issue nor father, mother, brother, or sister, nor descendants of any deceased brother or sister, the estate shall descend to the intestate's widow, if any; or in case the intestate is a woman, to her husband, if any.

(e) Otherwise, next of kin. If the intestate leaves none of such relatives surviving, nor widow, nor husband, the estate shall descend in equal shares to the next of kin in equal degree, but no person shall be entitled, by right of representation to the shares of the next of kin who have died; provided that if the estate comes through either parent of the deceased intestate, the brothers and sisters of that parent and their respective heirs shall be preferred to those of the other parent. [CC 1859, §1448; am L 1872, c 1, §1 (repealed by L 1898, c 47, §2); am L 1898, c 47, §1; RL 1925, §3305; RL 1935, §4813; RL 1945, §12073; am L 1951, c 306, §§1, 2; RL 1955, §318-4; HRS §532-4]
Haw. Rev. Stat. § 532-8 — HI Code / Division 3 / Title 29 / Chapter 532 / Section 532-8
Kindred of half blood.
Status: in_force

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 blood of the ancestor, shall be excluded from such inheritance. [CC 1859, §1454; RL 1925, §3309; RL 1935, §4817; RL 1945, §12077; RL 1955, §318-8; HRS §532-8]
Haw. Rev. Stat. § 533-3 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-3
In lands mortgaged before marriage.
Status: in_force

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 claiming under him. [CC 1859, §1301; RL 1925, §3019; RL 1935, §4832; RL 1945, §12102; RL 1955, §319-3; HRS §533-3]
Haw. Rev. Stat. § 533-12 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-12
Barred by pecuniary provision before marriage.
Status: in_force

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; RL 1925, §3028; RL 1935, §4841; RL 1945, §12111; RL 1955, §319-12; HRS §533-12]
Haw. Rev. Stat. § 533-16 — HI Code / Division 3 / Title 29 / Chapter 533 / Section 533-16
Curtesy; election between curtesy and will.
Status: in_force

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 in the husband in one-third of the wife's lands owned by her in fee simple, in freehold, or in leasehold, at the date of her death. The husband shall also, whether the wife die testate or intestate, be entitled, by way of curtesy to an absolute property in the one-third part of it all the wife's remaining property owned by her at the date of her death, after the payment of all her just debts. During the life of the wife the husband shall have no curtesy right inchoate or otherwise in the wife's property. If any provisions are made for the widower in the will of his wife, he shall be subject to the same requirements with respect to election between his curtesy and the provisions of the will, or taking under both, as is a widow in similar circumstances under sections 560:2-205 to 560:2-207.

No husband who has, for one year or upwards, previous to the death of his wife, wilfully and utterly deserted his wife, or wilfully neglected or refused to provide suitable maintenance for his wife, shall be entitled to any right or interest in his wife's property by way of curtesy.

The interests to which the husband is entitled in accordance with this section in the wife's real and personal property shall not apply to, and nothing in this section shall be deemed to give the husband any interest in, the wife's interest in community property, real or personal. [L 1888, c 11, §7; RL 1925, §3000; am L 1933, c 68, §1; RL 1935, §4845; am L 1939, c 33, §4; RL 1945, §12115; am L 1945, c 212, §2 and c 273, §4; RL 1955, §319-16; HRS §533-16; am L 1970, c 31, pt of §1; am L 1987, c 283, §50]
Haw. Rev. Stat. § 531-33 — HI Code / Division 3 / Title 29 / Chapter 531 / Section 531-33
Procedure to dispose of unclaimed personalty.
Status: in_force

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 newspapers and for such time as the court or registrar may direct, but not less than once a week for three successive weeks, of the date of the hearing upon the personal representative's final accounts or the date on which the personal representative's closing statement will be approved if no objection is filed, which notice shall direct all claimants of a distributive share in the estate of the decedent to appear and present their claims at the hearing or in writing prior to the date on which the closing statement will be approved if no objection is filed; provided that the time allowed for presentation of claims shall be not less than ninety days after the first publication of the notice.

If no claims are presented within the prescribed time, or if such claims as may be allowed do not exhaust the personalty of the estate, any personal estate remaining after the settlement and approval of the final accounts of the personal representative, and the payment of such distributive shares as may be allowed by the court or registrar shall upon order of the court be transferred to the state director of finance by the personal representative.

The director shall cause to be sold at public auction all such personalty as is so transferred, except cash or bonds of the State.

The personal estate shall be disposed of as provided in chapter 523A. [L 1925, c 190, §§1, 2, 3, 4; RL 1935, §4235; RL 1945, §12031; RL 1955, §317-32; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §531-33; am L 1974, c 75, §10; am L 1976, c 200, pt of §1; am L 1977, c 144, §60; am L 1979, c 105, §50; am L 1985, c 68, §23]
Haw. Rev. Stat. § 539-3 — HI Code / Division 3 / Title 29 / Chapter 539 / Section 539-3
Registration in beneficiary form; applicable law.
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.