Hawaii Real Estate State Practice Exam 2025 – The Comprehensive All-In-One Guide to Exam Success!

In Hawaii, the legal framework that allows a spouse to claim a 1/3 elective share of the other's estate is established under the Uniform Probate Code. Specifically, the code provides provisions for surviving spouses regarding their entitlement to a share of the decedent's estate, regardless of what is stipulated in a will. This elective share rights framework is designed to protect the surviving spouse from being disinherited.

The important aspect of this code, particularly for estates concerning properties sold after July 1, 1977, recognizes the contributions and financial interdependence of spouses, ensuring that the surviving spouse receives a fair portion of the estate. The elective share is a statutory right that is separate from the provisions of a will and is intended to uphold the financial security of the surviving spouse.

The other options do not address this legal aspect directly. Hawaii's Family Code primarily governs family law matters, not specifically the division or claims to estates. The Real Estate Code focuses on the regulation of real estate transactions rather than estate law. Lastly, the Estate Planning Code, while it relates to guiding the planning of estates, does not specifically cover the elective share rights granted to spouses. Hence, the correct choice revolves around the Uniform Probate Code which clearly stipulates the rights of a