Who is entitled to inherit property?
In Hawaii, the people who are entitled to inherit property depend on the laws of descent and distribution. The persons entitled to inherit property in Hawaii are called "heirs" or "Devisees". These are usually a person’s spouse, children, or other close relatives. Generally, if a person dies with a will, their property will be distributed according to the terms of the will. If the deceased does not have a will, the law provides a process for distributing the estate. In Hawaii, the intestate succession law identifies who is entitled to inherit in the absence of a will. The surviving spouse is entitled to receive the entire estate if the deceased had no surviving issue, or if the surviving issue is also the issue of the surviving spouse. If there are surviving issue who are not the issue of the surviving spouse, then the surviving spouse is entitled to receive two-thirds (2/3) of the estate and the balance is distributed among the issue in equal shares. If the deceased has no surviving spouse or issue, then the parents of the deceased are entitled to receive the entire estate. If only one parent is living, then that parent is entitled to the entire estate. Finally, if the deceased has no surviving spouse, issue, or parents, then his or her closest relatives are entitled to the estate. Overall, the law of descent and distribution in Hawaii outlines who is entitled to inherit property upon the death of an individual. Generally, the surviving spouse, children, and parents are the primary individuals who will inherit the property, with last resort going to the closest relatives of the deceased.
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