AI-assisted research summary: When a husband or wife dies, half of the community property stays with the survivor and the rest passes under the decedent’s will or to heirs; the personal representative administers the property, and the survivor keeps certain powers and fiduciary duties until the property is taken into the estate.
(a) Upon the death of the husband or wife one-half of the community property shall continue to belong to the survivor, subject to the payment of claims for which the community property is liable and subject to administration expenses, and the other half shall pass in accordance with testamentary disposition by the decedent or in the absence of testamentary disposition then to the heirs of the decedent, subject to the payment of claims for which the community property is liable and subject to administration expenses. The survivor and the successor or successors of the decedent shall hold their interests as tenants in common, except as may otherwise be provided in the will of the decedent with respect to the interests of the beneficiaries thereof as among themselves. (b) Upon the death of the husband or wife, the personal representative of the decedent, shall administer upon the whole of the community property, including the interests therein of the survivor and of the decedent, as well as upon the separate property of the decedent. The personal representative shall have the same rights and powers and duties with respect to the administration and disposition of community property, real and personal, as the personal representative has with respect to the separate property of the decedent. Chapter 560, with respect to the administration and disposition of property, real and personal, included in estates is applicable with respect to community property as well as with respect to the separate property of the decedent. The court having jurisdiction of the estate shall determine whether and to what extent property constitutes community property or separate property of the decedent or separate property of the survivor and shall also determine whether and to what extent claims are payable out of community property or out of the separate property of the decedent. Claims and administration expenses paid out of community property shall be charged equally against the half of the community property which belongs to the survivor and the half of the community property which passes in accordance with the testamentary disposition of the decedent or to the heirs of the decedent; provided that no estate, inheritance, succession, or similar taxes payable by reason of the transfer upon the death of the decedent of the decedent's interest in the community property shall be charged against the half of the community property which belongs to the survivor. (c) The whole of the community property which at the time of the death of the husband or the wife is held by or is standing in the name of the survivor, and all substitutions therefor, shall continue to be subject to the same powers of the survivor to receive, manage, control, dispose of, and otherwise deal with the same as such powers subsisted immediately prior to such death, so long as the same continues to be held by or stand in the name of the survivor, and no person shall be held liable or accountable with respect to any conveyance, transfer, or other disposition thereof who would not have been so liable or accountable had the deceased husband or wife continued to survive. The survivor shall hold such property until it has been reduced to possession and control by the personal representative of the decedent as provided in this section, and shall act in respect thereto in a fiduciary capacity for the estate of the decedent and the successor or successors of the decedent. The personal representative shall not be held liable or accountable for any loss or damage to such property while the same is held by the survivor. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(d); RL 1955, §326-10; HRS ; am L 1972, c 107, §1(c); am L 1976, c 200, pt of §1; am L 1979, c 105, §48; gen ch 1985]