This forms is a Renunciation and Disclaimer of Property acquired by the beneficiary through intestate succession. The decedent died intestate and the beneficiary obtained an interest in the described property. Pursuant to the Hawaii Revised Statutes, Chap. 526, the beneficiary wishes to disclaim a portion of or the entire interest in the described property. The disclaimer will relate back to the death of the decedent and will serve as an irrevocable refusal to accept the property. The form also contains a state specific acknowledgment and a certificate to verify delivery.
Hawaii Renunciation and Disclaimer of Property received by Intestate Succession
State:
Hawaii
Control #:
HI-02-03
Format:
Word;
Rich Text
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FAQ
If you die intestate and unmarried in Hawaii, then your entire estate will first pass along to any surviving children in equal shares. If you have no surviving children but do have surviving grandchildren, the estate goes to them.
This law states that no matter what your will says, your spouse has a right to inherit one-third or one-half (depending on the state and sometimes depending on the length of the marriage) of your total estate. To exercise this right, your spouse has to petition the probate court to enforce the law.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
Intestate succession specifically refers to the order in which spouses, children, siblings, parents, cousins, great-aunts/uncles, second cousins twice removed, etc. are entitled to inherit from a family member when no will or trust exists.
Who Inherits When There's No Will? Intestate succession laws determine how to distribute assets among them when no will is in place. This varies between states. Generally, a spouse receives most of the assets and property, followed by children, parents, grandparents, and other blood relatives of the deceased.
Children - if there is no surviving married or civil partner If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
There are no federal probate laws. Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all personal property owned in his or her name alone is worth more than $100,000.
Children - if there is no surviving married or civil partnerIf there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
In Hawaii, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).