Intestacy state laws and the necessity to have a Last Will and Testament document in Hawaii

Posted September 24, 2020 by Carlosdavismrk

You can easily download the last will and testament forms for Hawaii online from our legal templates. Get started now!

24 Sep 2020, USA

No one would wish to not inherit the hard-earned assets and estate to their loved ones. If someone living in Hawaii dies without a written will document, the state of Hawaii renders them intestate and invoke the intestacy state laws.
In other words, if a decedent leaves behind no will and testament document, the state takes over distributing your estate. Now, even if you would have wished to put a part of your estate in a trust, it may not happen. The person entitled to inherit your estate gets to decide and do whatever they wish with your hard-earned money. This also means that if you ever wished to create or leave behind a legacy or wished your businesses outlasted you, this might not be possible anymore.

This is the reason why need to have a Will is pressed, and by writing down your wishes in a will, you outline what you wish to do with your estate.

What is Intestacy Law, and how does it work in Hawaii?

With no will in place to guide asset distribution, the state and court of law take over the decisions of asset distribution under intestacy laws in Hawaii. Once the intestacy laws are pressed, not even your closest friends can say how you planned to distribute your estate. Wonder why so?

Well, in the county’s asset distribution hierarchy for decedents’ estates, friends rank at the bottom and are counted only after all your blood relatives.

When an interested party reaches out to the court to demand the distribution of assets, your loved ones might lose control out of their hands.

The state of Hawaii determines that a person who dies without a will and doesn’t have any kids or heirs, the spouse is entitled to inherit all property, with no objections or questions asked.

However, things can change, and the spouse’s share can vary depending on the condition if the decedent had other children from another relationship. The share of a spouse will also reduce if the decedent has surviving parents.

In other cases, if a decedent does not either have any surviving children or a spouse or parents, the state laws of Hawaii applicable in intestacy will grant shares from your estate to your siblings. If the descendent is an alone child, the estate then moves up to grandparents, uncles, and other hierarchal relatives.

The logic applied here is, closer relatives to the decedent’s bloodline stand high on the name-list of asset distribution/inheritance.

With learning all this, you might be astonished, whom the state will deem fit for your estate inheritance without your wishes known! This is why every living person who inherits an estate should file for a Last Will and a Testament Hawaii document.


A free last will and testament Hawaii document is a legal instrument that helps the law recognize your wishes concerning asset distribution after your death. It is different from the living will as a living will is only enforceable till the time a person is alive and is unable to make decisions.

The last will gives you the power to control your estate even after death, and as long as it is valid, you can be assured of your estate and your loved ones are protected and guarded under the law.
Why have a free Hawaii last will and testament handy?

• You determine who has a share in your estate.
• You decide how your children are protected after your demise.
• You determine the operations of your business after you die. Whether to run it or not.
• You outline the roles of the executor.

Note that, to create a last will, a person be at least 18 years or older, having a sound mind at the time of the will’s creation, and should have the will in writing. The creator and two other witnesses must sign the will. Also, include a list of preferred beneficiaries.

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Tags last will and testament hawaii , hawaii will forms
Last Updated September 24, 2020