What is the difference between heirship and intestacy?
Inheritance law in Hawaii deals with how a person’s estate is divided after they die. Heirship and intestacy are both legal terms used to describe how a person’s possessions are distributed when they pass away. Heirship is when a person dies and their possessions are passed down to their legal heirs. Heirs are usually family members, such as a spouse, children, and parents. Each heir will receive a portion of the estate according to the will of the deceased. If there isn’t a will, then Hawaii has created an order of heirship so that the estate will be divided according to family lines. Intestacy is when a person dies without a will. In this situation, the possessions of the deceased are given to the state and must be claimed by the deceased’s family members. In Hawaii, the state will divide the estate according to the order of heirship, which is usually followed in cases of intestacy. In summary, heirship describes the situation when a person dies with a will and their possessions are divided according to their wishes. Intestacy is when a person dies without a will and the possessions of the deceased are divided according to the order of heirship set forth by the state of Hawaii.
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