Hawaii Revised Statutes Division 3. Property; Family § 560:2-202. Elective share

(a) Elective-share amount. The surviving spouse or reciprocal beneficiary of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, or the reciprocal beneficiary and the decedent were in a reciprocal beneficiary relationship, in accordance with the following schedule:

  

If the decedent and the spouse were married to each other, or the decedent and the reciprocal beneficiary were in a relationship:

The elective-share percentage is:

Less than 1 year

Supplemental amount only.

 1 year but less than 2 years

 3% of the augmented estate.

 2 years but less than 3 years

 6% of the augmented estate.

 3 years but less than 4 years

 9% of the augmented estate.

 4 years but less than 5 years

12% of the augmented estate.

 5 years but less than 6 years

15% of the augmented estate.

 6 years but less than 7 years

18% of the augmented estate.

 7 years but less than 8 years

21% of the augmented estate.

 8 years but less than 9 years

24% of the augmented estate.

 9 years but less than 10 years

27% of the augmented estate.

10 years but less than 11 years

30% of the augmented estate.

11 years but less than 12 years

34% of the augmented estate.

12 years but less than 13 years

38% of the augmented estate.

13 years but less than 14 years

42% of the augmented estate.

14 years but less than 15 years

46% of the augmented estate.

15 years or more

50% of the augmented estate;

provided, however, the surviving spouse or reciprocal beneficiary may elect to take a share smaller than that to which the surviving spouse or reciprocal beneficiary is entitled hereunder.

(b) Supplemental elective-share amount. If the sum of the amounts described in sections 560:2-207 , 560:2-209(a)(1) , and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under section 560:2-209(b) and (c) is less than $50,000, the surviving spouse or reciprocal beneficiary is entitled to a supplemental elective-share amount equal to $50,000 minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section 560:2-209(b) and (c) .

(c) Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse or reciprocal beneficiary, the surviving spouse's or reciprocal beneficiary's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.

(d) Non-domiciliary. The right, if any, of the surviving spouse or reciprocal beneficiary of a decedent who dies domiciled outside this State to take an elective share in property in this State is governed by the law of the decedent's domicile at death.


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