Hawaii Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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FAQ
In Hawaii, ?next of kin? for purposes of intestate succession (when someone dies without a will) generally include the closest relatives of the decedent, specifically the: Surviving spouse. Children. Parents.
If you don't leave any close family members, your property may be divided among more extended family, such as grandparents, aunts, uncles, and cousins. In the rare situation where you don't have any close enough blood relatives alive when you die, the Hawaii government gets to have your property.
What is Considered a Small Estate in Hawaii? Any estate that's below a certain threshold in Hawaii can avoid probate. Even if there's no Will, a simplified probate procedure known as ?a summary probate? is possible if any estate is valued at $100,000 or less.
?Next of kin? refers to your closest living blood relative (or relatives), like your children, parents, or siblings. People related to you by law, like your spouse or an adopted child, are also legally considered your next of kin.
Under Hawaii inheritance law, if you die with children but no surviving spouse, your children inherit everything. If you die with a surviving spouse and children with that spouse, your spouse inherits your entire intestate estate and your children get nothing.
The clerk shall record the list of heirs in the will book and index the list in the name of the decedent and the heirs. A list of heirs made under oath and recorded pursuant to this section shall be prima facie evidence of the facts contained in the list.
Any person having an interest in real estate that is part of an intestate decedent's estate, including a personal representative who has qualified, may execute an affidavit, on a form provided to each clerk of the court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile ...
The person most closely related to the casualty is considered the PNOK for notification and assistance purposes. This is normally the spouse for married persons and the parents for unmarried Soldiers/individuals.