The surviving spouse may elect an elective share equal to the value of the elective share percentage (noted in table below) based on the length of time the decedent and surviving spouse were married to one another. Haw. Code. R. § 560-2-202. The augmented estate is calculated by the sum of the value of all property, whether real or person; movable or immovable, tangible or intangible, wherever situated, that constitute the decedent’s net probate estate, the decedent’s non-probate transfers to others, the decedent’s non-probate transfers to the surviving spouse, and the surviving spouse’s property and non-probate transfers to others. Haw. Code. R. § 560-2-203.
|Length of the Marriage||Elective Share of the Augmented Estate|
|Less than 1 year||Supplemental amount only.|
|1 year but less than 2 years||3%|
|2 years but less than 3 years||6%|
|3 years but less than 4 years||9%|
|4 years but less than 5 years||12%|
|5 years but less than 6 years||15%|
|6 years but less than 7 years||18%|
|7 years but less than 8 years||21%|
|8 years but less than 9 years||24%|
|9 years but less than 10 years||27%|
|10 years but less than 11 years||30%|
|11 years but less than 12 years||34%|
|12 years but less than 13 years||38%|
|13 years but less than 14 years||42%|
|14 years but less than 15 years||46%|
|15 years or more||50%|
The surviving spouse is also entitled homestead allowance, exempt property and family allowance.
The election by a surviving spouse to take the elective share must be made filing with the Court or delivering to the personal representative, a petition for the elective share by the later of nine (9) months after the decedent’s death or six (6) months after the probate of the decedent’s will. Haw. Code. R. § 560-2-211.