Hawaii Real Estate State Practice Exam

In Hawaii, under the Uniform Probate Code, a surviving spouse has the right to claim an elective share from the decedent's estate. This elective share is intended to ensure that the surviving spouse receives a fair portion of the deceased spouse's assets, particularly to protect against them being completely disinherited.

The correct claim is based on the law that provides the surviving spouse with an elective share of one-third of the decedent's net estate, which is applicable to properties sold after July 1, 1977. This date is significant as it marks the point at which Hawaii's elective share statutes underwent reform. The elective share is calculated based on the total value of the estate after deducting debts and other obligations, ensuring that the spouse receives a meaningful benefit.

Understanding this legal framework is crucial for navigating estate matters in Hawaii, as it underscores the importance of a spouse's rights in inheritance and serving to protect family interests during the probate process.