What happens to my estate if I die intestate?
If you die intestate, meaning without a will, in Hawaii, your estate will be distributed according to the intestate succession law of Hawaii. This process is carried out by the court, which handles the probate process. The first step is to determine if you have any surviving family members. If you do, your estate will be distributed according to the intestate succession law. This law states that if you die with a surviving spouse, the spouse will receive all of your property unless you have children from another relationship. In that case, the surviving spouse and your children will split your estate, with the spouse receiving a minimum of one-third. If you die without a spouse, the property will pass to your children. If you have no children, your property will pass to your parents or your siblings. If none of these people survive you, your assets will pass to your closest relatives. If you die without any close relatives, your assets will become the property of the Hawaiian government. This will be the case even if you have distant relatives or if you have not been a resident of the state for very long. In some cases, intestate succession laws can lead to the assets going to the wrong people. This is why estate planning is important, and why having a will is so important. If you make a valid will, it will supersede the intestate succession laws of Hawaii and your estate will be distributed according to your wishes.
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