reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-107 Evidence of death or status.

§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:
(1) Death occurs when an individual has sustained either:
(A) Irreversible cessation of circulatory and respiratory functions; or
(B) Irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death must be made in accordance with accepted medical standards;
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent;
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report;
(4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence;
(5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier;
(6) In the absence of evidence disputing the time of death stated on a document described in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours. [L 1996, c 288, pt of §1]
Rules of Court
Determination of death, see HPR rules 150 to 154.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-108 Acts by holder of general power.

§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 duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. [L 1996, c 288, pt of §1]
Rules of Court
Trust registration, see HPR rule 127.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-301 Territorial application.

§560:1-301 Territorial application.
Except as otherwise provided in this chapter, this chapter applies to:
(1) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this State;
(2) The property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State;
(3) Incapacitated persons and minors in this State;
(4) Survivorship and related accounts in this State; and
(5) Trusts subject to administration in this State. [L 1996, c 288, pt of §1]
Case Notes
Circuit court properly ruled it did not have jurisdiction to open probate proceedings where appellant failed to prove decedent was domiciled in Hawaii or owned property located in Hawaii. 88 H. 148, 963 P.2d 1124 (1998).
Property held in federal custody at the time of circuit court proceedings may not serve as the jurisdictional basis for a Hawaii probate proceeding under paragraph (2). 88 H. 148, 963 P.2d 1124 (1998).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-302 Subject matter jurisdiction.

§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:
(1) Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons;
(2) Protection of minors and incapacitated persons; and
(3) Trusts.
(b) The court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
(c) The court has jurisdiction over protective proceedings and the family court has jurisdiction over guardianship proceedings.
(d) Where protective and guardianship proceedings relating to the same person have been initiated, they may be consolidated in the court or in the family court as the court and the family court in the exercise of their discretion shall determine. [L 1996, c 288, pt of §1]
Rules of Court
Consolidation of proceedings, see HPR rule 14.
Case Notes
Family court had subject matter jurisdiction to issue temporary restraining order under subsection (b), § §571-8.5 and 560:5-106(2) and (3) where resolution of ward's capacity was required to be resolved, and an apparent threat of ward's removal from the court's jurisdiction was alleged. 113 H. 211, 151 P.3d 692 (2007).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-303 Venue; multiple proceedings; transfer.

§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 estate, protected person, ward, or trust are commenced in more than one court of this State, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this State, the court making the finding may transfer the proceeding or file to the other court. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-304 Practice in court.

§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]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-305 Records and certified copies.

§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, trust registrations, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk shall issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills shall indicate whether the decedent was domiciled in this State and whether the probate was formal or informal. Certificates relating to letters shall show the date of appointment. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-306 Jury trial.

§
560:1-306 Jury trial.
(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-307 Registrar; powers.

§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 court. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-308 Appeals.

§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 of appellate procedure and the Hawai`i rules of civil procedure. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-310 Oath or affirmation on filed documents.

§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, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein. L 1996, c 288, pt of §1
Rules of Court
Verification, see HPR rule 5.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-311 Documents sealed upon filing.

§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:
(1) Birth certificate;
(2) Marriage certificate;
(3) Death certificate;
(4) Tax return;
(5) Kokua kanawai's report;
(6) Court-ordered professional evaluation; and
(7) Responses and objections to a kokua kanawai's report or a professional evaluation.
The foregoing documents shall remain sealed unless otherwise ordered by the court; provided that the clerk, without further court order, may unseal and provide a copy of a report or evaluation pursuant to section 560:5-307 or 560:5-407. [L 2006, c 8, §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-401 Notice; method and time of giving.

§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 notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney, or, in the case of a minor or an incapacitated person, the minor's or incapacitated person's parent or guardian, as appropriate. Notice shall be given:
(1) By mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known;
(2) By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing; or
(3) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for two consecutive weeks, a copy thereof in a newspaper having general circulation in the judicial circuit where the hearing is to be held, the last publication of which is to be at least ten days before the time set for the hearing.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. [L 1996, c 288, pt of §1; am L 2023, c 158, §7]
Rules of Court
Notice, see Hawaii Probate Rules, part A(III); HPR rule 51.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:1-402 Notice; waiver.

§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 ward, or a protected person may not waive notice. [L 1996, c 288, pt of §1]
Rules of Court
Waiver of notice, see HPR rule 53.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-101 to 560:2-902 REPEALED. §560:2-101 Intestate estate.

§ §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
Note
Sections 560:2-101 to 560:2-114 designated a Subpart A by L 2023, c 158, §3.
Cross References
Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201.
§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 limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-102 Share of spouse or reciprocal beneficiary.

§560:2-102 Share of spouse or reciprocal beneficiary.
The intestate share of a decedent's surviving spouse or reciprocal beneficiary shall be:
(1) The entire intestate estate if:
(A) No descendant or parent of the decedent survives the decedent; or
(B) All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent;
(2) The first $400,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) The first $330,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or
(4) The first $220,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §9]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-104 Requirement of survival by one hundred twenty hours; gestational period; pregnancy after decedent's death.

§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, and exempt property, and except as otherwise provided in subsection (c), the following rules shall apply:
(1) An individual born before a decedent's death who fails to survive the decedent by one hundred twenty hours shall be deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before a decedent's death survived the decedent by one hundred twenty hours, it shall be deemed that the individual failed to survive for the required period;
(2) An individual in gestation at the decedent's death shall be deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived one hundred twenty hours after birth, it shall be deemed that the individual failed to survive for the required period; and
(3) If the decedent dies before the start of a pregnancy by assisted reproduction resulting in the birth of an individual who lives at least one hundred twenty hours after birth, that individual shall be deemed to be living at the decedent's death if the decedent's personal representative, no later than six months after the decedent's death, received notice or had actual knowledge of an intent to use genetic material in the assisted reproduction and:
(A) The embryo was in utero no later than thirty-six months after the decedent's death; or
(B) The individual was born no later than forty-five months after the decedent's death.
(c) This section shall not apply if its application would cause the estate to pass to the State under section 560:2-105. [L 1996, c 288, pt of §1; am L 2023, c 158, §11]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-105.5 Escheat of kuleana lands.

§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 there is no taker under article II, such inheritable interest shall pass to the department of land and natural resources to be held in trust until the office of Hawaiian affairs develops a land management plan for the use and management of such kuleana properties, and such plan is approved by the department of land and natural resources. Upon approval, the department of land and natural resources shall transfer such kuleana properties to the office of Hawaiian affairs. For the purposes of this section, "kuleana lands" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-107 Inheritance without regard to number of common ancestors in the same generation.

§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]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-109 Advancements.

§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 intestate share only if:
(1) The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
(2) The decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-110 Debts to decedent.

§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 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-113 Individuals related to decedent through more than one line.

§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 are unequal, the individual shall be entitled to the largest share. The individual and the individual's descendants shall be deemed to have predeceased the decedent with respect to the other line or lines of relationship. [L 1996, c 288, pt of §1; am L 2023, c 158, §14]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-114 Parent barred from inheriting in certain circumstances.

§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:
(1) The parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or
(2) The child died before reaching eighteen years of age and there is clear and convincing evidence that immediately before the child's death, the parental rights of the parent could have been terminated under the laws of this State, other than this chapter, on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.
(b) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section shall be treated as if the parent predeceased the child.
(c) Except as otherwise provided in section 560:2-125(b), the termination of a parent's parental rights to a child shall have no effect on the right of the child or a descendant of the child to inherit from or through the parent. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §15]
Case Notes
The term "may", as set forth in subsection (a), is permissive, and, for purposes of intestate succession, a purported heir may establish his or her parent-child relationship with the decedent by any means permitted by statute, including, but not limited to, chapter 584. 103 H. 275, 81 P.3d 1190 (2003).
Trial court did not err in failing to apply this section as it did not apply to either the testamentary trust or the life insurance trust for purposes of determining whether daughter was the "issue" of natural father. 105 H. 284, 96 P.3d 1098 (2004).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-121 Definitions.

§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 carrier under section 560:2-127.
"Divorce" means an annulment, a dissolution, or a declaration of invalidity of a marriage.
"Functioned as a parent of the child" means behaving toward a child in a manner consistent with being the child's parent and performing functions that are customarily performed by a parent, including:
(1) Fulfilling parental responsibilities toward the child;
(2) Materially participating in the child's upbringing; and
(3) Residing with the child in the same household as a regular member of that household.
"Genetic father" means the individual whose sperm fertilized the egg of a child's genetic mother; provided that if the father-child relationship is established by the presumption of paternity under chapter 584, "genetic father" means only the individual for whom that relationship is established.
"Genetic mother" means the individual whose egg was fertilized by the sperm of a child's genetic father.
"Genetic parent" means a child's genetic father or genetic mother.
"Incapacity" means the inability of an individual to function as a parent of a child because of the individual's physical or mental condition.
"Relative" means a grandparent or a descendant of a grandparent. [L 2023, c 158, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-122 Effect of parent-child relationship.

§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 of the parent, for the purpose of intestate succession. [L 2023, c 158, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-123 No distinction based on marital status.

§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 status. [L 2023, c 158, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-124 Adoptee and adoptee's adoptive parent or parents.

§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:
(1) An individual who is in the process of being adopted by a married couple or reciprocal beneficiaries when one of the spouses or reciprocal beneficiaries dies shall be treated as adopted by the deceased spouse or reciprocal beneficiary if the adoption is subsequently granted to the decedent's surviving spouse or reciprocal beneficiary; and
(2) A child of a genetic parent who is in the process of being adopted by a genetic parent's spouse or reciprocal beneficiary when the spouse or reciprocal beneficiary dies shall be treated as adopted by the deceased spouse or reciprocal beneficiary if the genetic parent survives the deceased spouse or reciprocal beneficiary by one hundred twenty hours; provided that a child shall be treated as adopted by a deceased spouse or reciprocal beneficiary for the purposes of this paragraph if, after a parent-child relationship is established between a child of assisted reproduction and a parent under section 560:2-126, or between a gestational child and a parent under section 560:2-127, the child is in the process of being adopted by the parent's spouse or reciprocal beneficiary when the spouse or reciprocal beneficiary dies. [L 2023, c 158, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-125 Adoptee and adoptee's genetic parents.

§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 exist between an individual who is adopted by the spouse or reciprocal beneficiary of either genetic parent and:
(1) The genetic parent whose spouse or reciprocal beneficiary adopted the individual; and
(2) The other genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through the other genetic parent.
(c) A parent-child relationship shall be deemed to exist between both genetic parents and an individual who is adopted by a relative of a genetic parent, or by the spouse, reciprocal beneficiary, or surviving spouse or reciprocal beneficiary of a relative of a genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through either genetic parent.
(d) A parent-child relationship shall be deemed to exist between both genetic parents and an individual who is adopted after the death of both genetic parents, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit through either genetic parent.
(e) If, after a parent-child relationship is established between a child of assisted reproduction and a parent or parents under section 560:2-126, or between a gestational child and a parent or parents under section 560:2-127, the child is adopted by another or others, the child's parent or parents under section 560:2-126 or 560:2-127 shall be treated as the child's genetic parent or parents for the purpose of this section. [L 2023, c 158, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-202 Elective share.

§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 fifty per cent of the value of the marital-property portion of the augmented estate.
(b) Supplemental elective-share amount. If the sum of the amounts described in sections 560:2-207, 560:2-209(a)(1), and that part of the elective-share amount payable from the decedent's net probate estate and nonprobate transfers to others under section 560:2-209(c) and (d) is less than $90,000, the surviving spouse or reciprocal beneficiary shall be entitled to a supplemental elective-share amount equal to $90,000 minus the sum of the amounts described in those sections. The supplemental elective-share amount shall be payable from the decedent's net probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section 560:2-209(c) and (d).
(c) Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse or reciprocal beneficiary, the surviving spouse's or reciprocal beneficiary's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(d) Non-domiciliary. The right, if any, of the surviving spouse or reciprocal beneficiary of a decedent who dies domiciled outside this State to take an elective share in property in this State is governed by the law of the decedent's domicile at death. L 1996, c 288, pt of §1; am L 1997, c 383, §12; am L 2023, c 158, §16
Rules of Court
Elective share, see HPR rule 90(c).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-203 Composition of the augmented estate.

§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, movable or immovable, tangible or intangible, wherever situated, that constitute the:
(1) Decedent's net probate estate;
(2) Decedent's nonprobate transfers to others;
(3) Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary; and
(4) Surviving spouse's property or reciprocal beneficiary's property and nonprobate transfers to others.
(b) The value of the marital-property portion of the augmented estate shall consist of the sum of the values of the four components of the augmented estate as determined under subsection (a) multiplied by the following percentage:
Less than 1 year €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦3%
1 year but less than 2 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦6%
2 years but less than 3 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦12%
3 years but less than 4 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦18%
4 years but less than 5 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦24%
5 years but less than 6 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦30%
6 years but less than 7 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦36%
7 years but less than 8 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦42%
8 years but less than 9 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦54%
9 years but less than 10 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦60%
10 years but less than 11 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦68%
11 years but less than 12 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦76%
12 years but less than 13 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦84%
13 years but less than 14 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦92%
14 years but less than 15 years €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦96%
15 years or more €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦ €¦100%.
[L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §17]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-204 Decedent's net probate estate.

§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 §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-206 Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary.

§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 decedent's nonprobate transfers to the decedent's surviving spouse or reciprocal beneficiary, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse or reciprocal beneficiary by reason of the decedent's death, including:
(1) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse or reciprocal beneficiary as surviving joint tenant;
(2) The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse or reciprocal beneficiary as surviving co-owner; and
(3) All other property that would have been included in the augmented estate under section 560:2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse or reciprocal beneficiary, surviving spouse or reciprocal beneficiary, the decedent, or the decedent's creditors, estate or estate creditors. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-207 Surviving spouse's or reciprocal beneficiary's property and nonprobate transfers to others.

§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:
(1) Property that was owned by the decedent's surviving spouse or reciprocal beneficiary at the decedent's death, including:
(A) The surviving spouse's or reciprocal beneficiary's fractional interest in property held in joint tenancy with the right of survivorship;
(B) The surviving spouse's or reciprocal beneficiary's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and
(C) Property that passed to the surviving spouse or reciprocal beneficiary by reason of the decedent's death, but not including the spouse's or reciprocal beneficiary's right to homestead allowance, family allowance, exempt property, or payments under the federal social security system; and
(2) Property that would have been included in the surviving spouse's or reciprocal beneficiary's nonprobate transfers to others, other than the spouse's or reciprocal beneficiary's fractional and ownership interest included under subsection (a)(1)(A) or (B), had the spouse or reciprocal beneficiary been the decedent.
(b) Time of valuation. Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse or reciprocal beneficiary into account, but, for purposes of subsection (a)(1)(A) and (B), the values of the spouse's or reciprocal beneficiary's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subsection (a)(2), proceeds of insurance that would have been included in the spouse's or reciprocal beneficiary's nonprobate transfers to others under section 560:2-205(1)(D) are not valued as if the spouse or reciprocal beneficiary were deceased.
(c) Reduction for enforceable claims. The value of property included under this section is reduced by enforceable claims against the surviving spouse or reciprocal beneficiary. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-208 Exclusions, valuation, and overlapping application.

§560:2-208 Exclusions, valuation, and overlapping application.
(a) Exclusions:
(1) The value of any property is excluded from the decedent's nonprobate transfers to others:
(A) To the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or
(B) If the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse or reciprocal beneficiary.
(2) The augmented estate shall not include the value of any property that either:
(A) Is held in a trust created and funded by any party other than the decedent, the surviving spouse, or the reciprocal beneficiary; or
(B) Was received by either spouse during marriage or either reciprocal beneficiary during a reciprocal beneficiary relationship, by gift, devise, inheritance or distribution from a trust created and funded by any party other than the decedent, the surviving spouse, or the reciprocal beneficiary; provided that such property was kept segregated from property includible in the augmented estate.
(b) Valuation. The value of property:
(1) Included in the augmented estate under section 560:2-205, 560:2-206, or 560:2-207 is reduced in each category by enforceable claims against the included property; and
(2) Includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.
(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, 560:2-206, or 560:2-207, the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if they all yield the same value. [L 1996, c 288, pt of §1; am L 1997, c 383, §13]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-209 Sources from which elective share payable.

§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 estate and recipients of the decedent's nonprobate transfers to others:
(1) Amounts included in the augmented estate under section 560:2-204 that pass or have passed to the surviving spouse or reciprocal beneficiary by testate or intestate succession and amounts included in the augmented estate under section 560:2-206; and
(2) The marital-property portion of amounts included in the augmented estate under section 560:2-207.
(b) The marital-property portion under subsection (a)(2) shall be computed by multiplying the value of the amounts included in the augmented estate under section 560:2-207 by the percentage of the augmented estate set forth in the schedule in section 560:2-203(b), appropriate to the length of the marriage or the reciprocal beneficiary relationship.
(c) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse or reciprocal beneficiary is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate, other than assets passing to the surviving spouse or reciprocal beneficiary by testate or intestate succession, and in the decedent's nonprobate transfers to others under section 560:2-205(1), (2), and (3)(B), shall be applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others shall be applied so that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
(d) If, after the application of subsections (a) and (c), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others shall be applied so that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
(e) The unsatisfied balance of the elective-share or supplemental elective-share amount as determined under subsection (c) or (d) shall be treated as a general pecuniary devise for purposes of section 560:3-904. [L 1996, c 288, pt of §1; am L 1997, c 383, §14; am L 2023, c 158, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-210 Personal liability of recipients.

§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 make a proportional contribution toward satisfaction of the surviving spouse's or reciprocal beneficiary's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to the person or to pay the value of the amount for which he or she is liable.
(b) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in section 560:2-209, to the person who would have been entitled to it were that section or part of that section not preempted. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-213 Waiver of right to elect and of other rights.

§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 be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse or reciprocal beneficiary.
(b) A surviving spouse's or reciprocal beneficiary's waiver is not enforceable if the surviving spouse or reciprocal beneficiary proves that:
(1) The surviving spouse or reciprocal beneficiary did not execute the waiver voluntarily; or
(2) The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse or reciprocal beneficiary:
(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;
(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and
(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.
(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.
(d) Unless it provides to the contrary, a waiver of "all rights", or equivalent language, in the property or estate of a present or prospective spouse or reciprocal beneficiary or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse or reciprocal beneficiary in the property of the other and a renunciation by each of all benefits that would otherwise pass to the spouse or reciprocal beneficiary from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]