What Happens when Intestacy Law kicks in absence of Last Will and Testament!

1. What Happens when Intestacy Law kicks in absence of Last Will and Testament! A person dying without a will in Hawaii makes the state invoke the intestacy state laws. This means, if you die without a will, you are referred to as a decedent, and the state takes over the right to distribute your estate. In such a situation, even if you would have wished to name the estate in the name of a trust, without a will, it may not happen. The person who gets your assets is free to do whatever they wish. Once the intestacy laws are applied, not even your best friend can say how your estate is distributed. So, how do the intestacy laws work in Hawaii? When an interested party goes to the court to ask for the distribution of assets, no one can control the decision. The state determines that without a will and if you don't have any kids, your spouse inherits your property. If you have children with a surviving spouse, a share goes to the spouse and the children. The share to spouse reduces if the decedent has surviving parents. If a decedent does not have any children, spouse, or parents, the state laws applicable in intestacy distribute the estate among your siblings. Only relatives closer to the decedent's bloodline are high on the list of asset distribution/ inheritance. To conclude, we can say it sounds like the state will do what it deems fit as your wishes are not known without a Last Will and Testament Hawaii.