Most people think they can put off writing a will indefinitely. Unfortunately, this thinking often leads to estates being distributed according to state laws rather than the person's wishes. Learn what will happen to your property if you pass without writing a will, and consider protecting your estate with wills and trusts.

What Are Intestate Probate Laws?

Each state has a unique version of intestate laws, which outlines what happens to an estate when residents die without wills and trusts. These laws generally follow a strict pattern and allow no room for consideration of the deceased's wishes.

What Is the Hierarchy of Heirs in Hawaii?

Hawaiian law dictates that every estate without a will is divided up amongst the deceased's surviving relatives in the following order.

Spouse

Your spouse will inherit all of your property if you have no surviving children or parents. If you have children with your spouse, your spouse will once again be the sole heir. If your spouse has children that are not yours, your spouse will receive the first $150,000 from your estate and half of your property. The balance will then be divided equally amongst the children. If your parents are still alive, your spouse is entitled to the first $200,000 of your estate and three-quarters of your property, and your parents will receive the remainder.

Children

If you are unmarried with children, your estate will be divided equally amongst them. If your child gave you grandchildren but has since passed away, your grandchildren will receive the share that would've gone to their parent. If neither your children nor your grandchildren survive you, but you have great-grandchildren, they will receive the portion that would have gone to your grandchildren.

Other Heirs

Parties without surviving spouses, children, or other descendants will have their entire estates transferred to their parents. If your parents don't survive you, your siblings will share your property equally. Your nieces and nephews will inherit the portion that would have gone to their parents if any of your siblings do not survive you. If you are an only child, half of your estate will go to your paternal grandparents, and the other half will go to your maternal grandparents. If you have no living relatives, your entire estate passes to the state of Hawaii.

Learn more about how wills and trusts can protect your assets by contacting the Law Office of George N. Nam in Aiea, HI. Attorney Nam as over 28 years of legal experience and specializes in estate planning for individuals, families, and businesses. In addition to wills and trusts, he can help you name a power of attorney and write a living will. Schedule your first consultation and free case evaluation by calling (808) 487-9455, or learn more about their services online.