(a) Elective-share amount only. In a proceeding for an elective share, the following shall be applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent‘s probate estate and recipients of the decedent’s nonprobate transfers to others:

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Terms Used In Hawaii Revised Statutes 560:2-209

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Testate: To die leaving a will.
(1) Amounts included in the augmented estate under section 560:2-204 that pass or have passed to the surviving spouse or reciprocal beneficiary by testate or intestate succession and amounts included in the augmented estate under section 560:2-206; and
(2) The marital-property portion of amounts included in the augmented estate under section 560:2-207.

(b) The marital-property portion under subsection (a)(2) shall be computed by multiplying the value of the amounts included in the augmented estate under section 560:2-207 by the percentage of the augmented estate set forth in the schedule in section 560:2-203(b), appropriate to the length of the marriage or the reciprocal beneficiary relationship.
(c) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse or reciprocal beneficiary is entitled to a supplemental elective-share amount, amounts included in the decedent’s probate estate, other than assets passing to the surviving spouse or reciprocal beneficiary by testate or intestate succession, and in the decedent’s nonprobate transfers to others under section 560:2-205(1), (2), and (3)(B), shall be applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent’s probate estate and that portion of the decedent’s nonprobate transfers to others shall be applied so that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent’s probate estate and of that portion of the decedent’s nonprobate transfers to others in proportion to the value of their interests therein.
(d) If, after the application of subsections (a) and (c), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent’s nonprobate transfers to others shall be applied so that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of the remaining portion of the decedent’s nonprobate transfers to others in proportion to the value of their interests therein.
(e) The unsatisfied balance of the elective-share or supplemental elective-share amount as determined under subsection (c) or (d) shall be treated as a general pecuniary devise for purposes of section 560:3-904.

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