Hawaii Family Allowance | Settled Estate

The Hawaii family allowance is money from the estate that keeps a household going while probate is open, and the $36,000 figure people quote is a limit on the personal representative, not a promise to the family. HRS 560:2-404 gives a surviving spouse or reciprocal beneficiary and the decedent's dependent children a reasonable allowance for their maintenance during administration, and it names no dollar amount. The $36,000 lump sum and the $3,000 monthly figure come from HRS 560:2-405, and they cap only what the personal representative may decide without the court.

The court is not bound by either figure. Section 560:2-405 lets the personal representative or an aggrieved interested person petition for relief, and the court may order a family allowance other than the one the personal representative determined or could have determined.

Every rule below was read on September 24, 2026 in the Hawaii Revised Statutes posted at the Legislature's data site, which carries the compilation through the 2025 session. We screened the 2026 session's Acts for anything touching these sections and found none: the one 2026 Act amending the Uniform Probate Code, Act 47, changes guardianship and conservatorship record sealing and leaves article II alone. Hawaii probate is heard in the circuit courts, and the Hawaii court directory lists the probate office for each island. This page gives general information about Hawaii law and does not address any particular estate. It is not legal advice.

Two Sections, Two Different Questions

Hawaii splits the family allowance across two sections of the Uniform Probate Code, chapter 560 of the Hawaii Revised Statutes. Each answers a different question, and quoting one without the other produces a wrong answer.

Section	Catchline	What it decides
HRS 560:2-404	Family allowance	Who qualifies, what the money is for, how long it can run, who receives it, its rank against creditors, and what ends it. No dollar figure.
HRS 560:2-405	Source, determination, and documentation	The most the personal representative may set alone, the power to pay it, and the route to the court.

Read 560:2-404 alone and the allowance looks unlimited. Read 560:2-405 alone and $36,000 looks like the ceiling for everyone. Neither is right.

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The Personal Representative's Limit: $36,000 Or $3,000 A Month

Under HRS 560:2-405(a), the personal representative may determine the family allowance "in a lump sum not exceeding $36,000 or periodic installments not exceeding $3,000 per month for one year," and may pay it from estate funds.

Payment form	Most the personal representative may set alone
Lump sum	$36,000
Installments	$3,000 per month, for one year

Twelve installments at $3,000 total $36,000, so the two options are the same money on two schedules. Picking installments does not add to the total. The choice turns on cash flow: a family with a mortgage due every month may prefer the steady payment, while a family facing one large bill may prefer the lump sum.

These figures are recent. Session Laws of Hawaii 2023, Act 158 doubled them from $18,000 and $1,500 a month, effective on approval in June 2023. Sources written before mid-2023 print the old numbers. Section 49 of the same Act says it does not affect rights that matured or proceedings begun before its effective date, so an estate already open before June 29, 2023 may still be working from the old figures.

The Court Can Award A Different Amount

The last sentence of HRS 560:2-405(a) moves the final word to the court. The personal representative, or any interested person aggrieved by a selection, determination, payment, proposed payment or failure to act, may petition for appropriate relief. That relief "may include a family allowance other than that which the personal representative determined or could have determined."

So the court may go above $36,000 for a family whose needs and whose estate support it, and it may cut an allowance that is draining an estate with real debts. Because 560:2-404 measures the allowance by what is reasonable for maintenance during administration, the evidence that moves a court is the household's actual budget, what the estate can bear, and how long the administration is likely to run. The Hawaii probate timeline sets out how long an estate usually stays open.

Hawaii Probate Rule 90 Still Says $18,000

Here Hawaii has a live conflict that most summaries miss. The Hawaii Probate Rules, in the text the Judiciary posts today, still read as they did before the 2023 amendment.

Rule 90(b) says a family allowance aggregating no more than $18,000 "shall be distributed by the personal representative without court order upon the submission of a claim therefor by an eligible person." Allowances above $18,000 in the aggregate "shall be paid only upon court order after petition by the individual or individuals seeking the allowance, with notice to all interested persons including creditors who have filed unsatisfied claims against the estate." The rule also lets the personal representative use estate resources to help prepare that petition, and requires every recipient to sign a receipt.

The $18,000 in the rule matches the statute's pre-2023 lump sum. The statute now lets the personal representative determine up to $36,000. The two texts have not been reconciled, and we found no court order or commentary that settles which controls between $18,000 and $36,000. A personal representative who pays more than $18,000 without an order is relying on the statute over the rule, and whether to do that in a particular estate is a question for a licensed Hawaii attorney. The rule's own commentary points the same way the statute does: it says the allowances are to be paid by the personal representative on a claim, without the court-order practice that used to be common.

Who Qualifies, And Who Receives The Money

HRS 560:2-404(a) names three groups:

the surviving spouse or reciprocal beneficiary
minor children whom the decedent was obligated to support
children who were in fact being supported by the decedent

The reciprocal beneficiary appears in every clause. A partner registered under HRS chapter 572C stands exactly where a surviving spouse stands for this allowance, as for the homestead allowance and exempt property.

The money follows its own path. It is payable to the surviving spouse or reciprocal beneficiary, if living, for the use of that person and the minor and dependent children. With no living spouse or reciprocal beneficiary, it goes to the children or to the people with their care and custody. When a minor or dependent child does not live with the surviving spouse or reciprocal beneficiary, the allowance may be split between the child, or the child's guardian or caregiver, and the spouse or reciprocal beneficiary "as their needs may appear." That clause reaches a child of an earlier relationship living with the other parent, or an adult child the decedent was supporting.

One threshold limit comes from HRS 560:2-401: the Hawaii allowance applies to a decedent who died domiciled in Hawaii. For a decedent domiciled elsewhere, the law of that domicile governs the family allowance, even for Hawaii property.

How Long It Lasts

The allowance covers the period of administration. HRS 560:2-404(a) adds one outer limit: it "may not continue for longer than one year if the estate is inadequate to discharge allowed claims." The one-year cutoff is tied to that condition, so a solvent estate that stays open longer is not cut off at twelve months by this sentence. The installment figure in 560:2-405 is written as a monthly rate for one year, so a personal representative acting without the court cannot commit to more than twelve payments.

Where It Ranks Against Creditors

HRS 560:2-404(a) says the family allowance "is exempt from and has priority over all claims except the homestead allowance." The word claims matters here. HRS 560:1-201 defines claims to include liabilities of the estate arising at or after death, "including funeral expenses and expenses of administration." On the statute's own words, then, the family allowance comes ahead of all seven classes in HRS 560:3-805, including class 1, the costs and expenses of administration.

That differs from states whose statutes rank the family allowance behind administration costs. In Hawaii only the homestead allowance sits above it.

The three statutory allowances fit together this way:

Homestead allowance, HRS 560:2-402: $30,000 to the surviving spouse or reciprocal beneficiary, or divided among minor and dependent children if there is none. Exempt from and prior to all claims.
Family allowance, HRS 560:2-404 and 560:2-405: the subject of this page. Prior to all claims except the homestead allowance.
Exempt property, HRS 560:2-403: up to $20,000 above security interests in household furniture, automobiles, furnishings, appliances and personal effects. The right to other assets to make up a shortfall in exempt property abates so the homestead allowance and family allowance are paid first. The details are in the guide to the exempt property allowance.

A personal representative who pays creditors before settling the allowances can spend money the family was entitled to first. The personal representative's broader job, including who fixes the allowance and when claims get paid, is covered in the Hawaii executor duties guide.

When The Probate Estate Runs Short

Property that passed outside probate can still answer for the allowance. HRS 527-15 says that if the probate estate is insufficient to satisfy an allowed claim "or a statutory allowance to a surviving spouse or child," the estate may enforce the liability against property that passed by a transfer on death deed. The liability is split among multiple deeded properties by net value, and the proceeding must start within eighteen months after death.

Allowances also shape small estates. Under HRS 560:3-1203, when the inventory shows the estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute without notice to creditors and close by sworn statement. In a modest estate, the family allowance can be the reason creditors receive nothing.

It Comes On Top Of The Inheritance

HRS 560:2-404(b) says the family allowance "is not chargeable against any benefit or share passing to the surviving spouse, reciprocal beneficiary, or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share." A spouse who takes the allowance keeps the full share the will leaves, or the full share under Hawaii intestate succession when there is no will. A will can change that result, but only by saying so.

The elective share and the allowances also stack. Where a surviving spouse or reciprocal beneficiary who elects is incapacitated, HRS 560:2-405(b) lets the personal representative add any unspent homestead, exempt property and family allowance to the trust set up for that person under HRS 560:2-212(b). The full picture of what a survivor can claim is in Hawaii surviving spouse rights.

Death Of A Recipient Ends Unpaid Installments

HRS 560:2-404(b) closes with one short rule: "The death of any person entitled to family allowance terminates the right to allowances not yet paid." The Hawaii text carves out no one, so the rule reaches a surviving spouse or reciprocal beneficiary as well as a child. Installments already paid stay paid, and installments still owed stop.

That is one reason a family relying on the allowance should not let the claim sit. Hawaii sets no filing deadline for it, but the allowance can run only during administration, money paid to creditors in the meantime is gone, and the right to unpaid installments ends with the recipient.

Common Questions

How much is the Hawaii family allowance?

HRS 560:2-404 sets no dollar amount. It entitles the family to a reasonable allowance in money for maintenance while the estate is in administration. The figures in HRS 560:2-405 limit what the personal representative may decide alone: a lump sum not exceeding $36,000, or periodic installments not exceeding $3,000 per month for one year. Those figures date from Session Laws of Hawaii 2023, Act 158, which replaced $18,000 and $1,500 a month.

Is the Hawaii family allowance capped at $36,000?

Not for the court. The $36,000 in HRS 560:2-405 caps the personal representative's own determination. The same subsection lets the personal representative, or an interested person aggrieved by a determination, payment or failure to act, petition the court for relief, and that relief may include a family allowance other than the one the personal representative determined or could have determined. A court may award more or less than $36,000.

Who can receive the Hawaii family allowance?

HRS 560:2-404 names the surviving spouse or reciprocal beneficiary, the minor children the decedent was obligated to support, and children who were in fact being supported by the decedent. HRS 560:2-401 limits the Hawaii allowance to a decedent who died domiciled in Hawaii. For a decedent domiciled elsewhere, the law of that domicile governs the allowance.

Does the family allowance get paid before creditors in Hawaii?

Yes. HRS 560:2-404 makes the family allowance exempt from and prior to all claims except the homestead allowance. HRS 560:1-201 defines claims to include funeral expenses and expenses of administration, so on the statute's own terms the family allowance ranks ahead of every class in HRS 560:3-805, and only the $30,000 homestead allowance of HRS 560:2-402 ranks above it.

Does the family allowance reduce what the spouse inherits under the will?

No, unless the will provides otherwise. HRS 560:2-404(b) says the family allowance is not chargeable against any benefit or share passing to the surviving spouse, reciprocal beneficiary or children by the will, by intestate succession or by way of elective share. It also sits on top of the homestead allowance and exempt property.

Does a Hawaii personal representative need a court order to pay the family allowance?

The statute and the court rule disagree. HRS 560:2-405, as amended in 2023, lets the personal representative determine the allowance up to $36,000. Hawaii Probate Rule 90(b), in the Judiciary's current posted text, still lets the personal representative pay only up to $18,000 in the aggregate on a claim, and requires a court order after a petition with notice to interested persons and unpaid creditors for anything above $18,000. How that conflict applies to one estate is a question for a licensed Hawaii attorney.

What happens to unpaid family allowance if the recipient dies?

It ends. HRS 560:2-404(b) says the death of any person entitled to a family allowance terminates the right to allowances not yet paid. The Hawaii text makes no exception for the surviving spouse or reciprocal beneficiary, so installments still owed at that person's death stop.

Sources:

Title: HRS 560:2-404, Family allowance. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 1997, c 383, §19; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0404.htm
Title: HRS 560:2-405, Source, determination, and documentation. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 2023, c 158, §24; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0405.htm
Title: HRS 560:2-401, Applicable law. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: L 1996, c 288, pt of §1; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0401.htm
Title: HRS 560:2-402, Homestead allowance. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 2023, c 158, §22; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0402.htm
Title: HRS 560:2-403, Exempt property. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 2023, c 158, §23; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0403.htm
Title: HRS 560:1-201, General definitions. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 2023, c 158, §6; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0001-0201.htm
Title: HRS 560:3-805, Classification of claims. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: am L 2000, c 102, §2; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0805.htm
Title: HRS 560:3-1203, Small estates; summary administration procedure. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: L 1996, c 288, pt of §1; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-1203.htm
Title: HRS 527-15, Liability for creditor claims and statutory allowances. Publisher: Hawaii State Legislature, Hawaii Revised Statutes. Publication Date: L 2011, c 173, pt of §1; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0527/HRS_0527-0015.htm
Title: Hawaii Probate Rules, Rule 90, Statutory Allowances. Publisher: Hawaii State Judiciary. Publication Date: Effective March 1, 1995, with amendments as noted; accessed 2026-09-24. URL: https://www.courts.state.hi.us/wp-content/uploads/2024/09/hpr_ada.htm
Title: Session Laws of Hawaii 2023, Act 158 (S.B. No. 483, Uniform Probate Code). Publisher: Hawaii State Legislature. Publication Date: Approved June 29, 2023; accessed 2026-09-24. URL: https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2023/SLH2023_Act158.pdf

It is not legal advice.