What Happens if You Die Without a Will or Trust (Hawaii)

All assets with designated beneficiaries (such as life insurance, IRA accounts, bank accounts, etc. that have a named beneficiary, who survives you) will go to those beneficiaries.

All assets that are owned jointly (e.g., joint bank accounts, real estate owned as “tenants by the entirety” or “joint tenants,” but NOT property owned as “tenants in common”) will go to the other joint owners, in equal shares.

Some assets such as retirement accounts MAY pass to a spouse, if you are married and have not named a beneficiary for the account. This depends on the type of the account and the terms of the contract, plan or policy.

All remaining assets (in your own name, with no named beneficiary):

If you are not married (have no living spouse) and have children, all of your assets will go to your children.

If you are not married (have no living spouse), and have no children, all of your assets will go to your living parent(s); if you have no living parents, then to your siblings (the share of any deceased sibling will go to their children, if they have any, or if not, to the other siblings)

If you are married (living spouse), you have children, and all of your children are also your spouse’s children, and all of your spouse’s children are also yours (biologically or by legal adoption), the rest of your assets will go to your spouse.

If you are married (living spouse), you have no children (of your own, not counting stepchildren that you have not legally adopted), and you have no living parents, the rest of your assets will go to your spouse.

If you are married (living spouse), have no children, and have living parent(s), your assets will be split between your spouse and your living parent(s). (If your estate is very small, it may all go to your spouse.)

If you are married (living spouse), have children, and some of your children are not your spouse’s, or some of your spouse’s children are not yours, your assets will be split between your spouse and your children (not your spouse’s children). (If your estate is very small, it may all go to your spouse.)