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Hawaii Revised Statutes

Haw. Rev. Stat. § 560:3-101 (2025)

Devolution of estate at death; restrictions

✓ laws through the 2025 session: the 2026 session is not included
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ARTICLE III [OLD]

PROBATE OF WILLS AND ADMINISTRATION

 

     §§560:3-101 to 560:3-1215  REPEALED.  L 1996, c 288, pt of §6.

 

 

ARTICLE III

PROBATE OF WILLS AND ADMINISTRATION

 

Cross References

 

  Effect and transition of L 1996, c 288 amendments, see §560:8-201.

 

PART 1.  GENERAL PROVISIONS

 

     §560:3-101  Devolution of estate at death; restrictions.  The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the decedent's property are subject to the restrictions and limitations contained in this chapter to facilitate the prompt settlement of estates.  Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration. [L 1996, c 288, pt of §1]

 

 

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Mount v. Apao, 361 P.3d 1268 (Haw. App. 2015).
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Mount v. Apao, 361 P.3d 1268 (Haw. App. 2015). “2 HRS § 560:3-101 (2006 Repl.) (“The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the decedent’s property are subject to the restrictions and limitations contained in this chapter to facilitate the prompt settlement of estates.”
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