Hawaii Revised Statutes 560:3-101 – Devolution of estate at death; restrictions
Terms Used In Hawaii Revised Statutes 560:3-101
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Personal property: All property that is not real property.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testate: To die leaving a will.
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.