Elective Share in Hawaii
State-specific overview · Estate & Probate
Hawaii's elective share gives a surviving spouse one-third of the estate, regardless of marriage length.
How Hawaii treats Elective Share
A surviving spouse in Hawaii may elect to take one-third of the deceased spouse's net estate instead of what the will provides. This right applies whether the spouse is mentioned in the will or completely omitted. Hawaii law treats the elective share as a fixed percentage rather than a sliding scale based on children or other heirs. The spouse must typically exercise this right within a statutory timeframe after the estate is opened.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.