Hawaii Revised Statutes 560:2-403 – Exempt property
Terms Used In Hawaii Revised Statutes 560:2-403
- 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.
- Intestate: Dying without leaving a will.
In addition to the homestead allowance, the decedent‘s surviving spouse or reciprocal beneficiary shall be entitled from the estate to a value, not exceeding $20,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse or reciprocal beneficiary, the decedent’s children shall be entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $20,000 or if there is not $20,000 worth of exempt property in the estate, the spouse, reciprocal beneficiary, or children shall be entitled to other assets of the estate, if any, to the extent necessary to make up the $20,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property shall have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit earlier payment of homestead allowance and family allowance. These rights shall be in addition to any benefit or share passing to the surviving spouse, reciprocal beneficiary, or children by the decedent’s will, unless otherwise provided, by intestate succession, or by way of elective share.