Hawaii Revised Statutes 668A-2 – Definitions
Terms Used In Hawaii Revised Statutes 668A-2
- Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Hawaii Revised Statutes 668A-2
- Collateral: means an individual who is related to another individual under the law of intestate succession of this State, but who is not the other individual's ascendant or descendant. See Hawaii Revised Statutes 668A-2
- Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Hawaii Revised Statutes 668A-2
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Heirs property: means real property held in tenancy in common that satisfies all the following requirements as of the filing of an action for partition:
(1) There is no agreement in a record binding all the cotenants that governs the partition of the property;
(2) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(3) Any of the following applies:
(A) Twenty per cent or more of the interests are held by cotenants who are relatives;
(B) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(C) Twenty per cent or more of the cotenants are relatives. See Hawaii Revised Statutes 668A-2
- Intestate: Dying without leaving a will.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 668A-2
- Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this State other than this chapter. See Hawaii Revised Statutes 668A-2
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
As used in this chapter:
“Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
“Collateral” means an individual who is related to another individual under the law of intestate succession of this State, but who is not the other individual’s ascendant or descendant.
“Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
“Determination of value” means an order of a court determining the fair market value of heirs property under § 668A-7 or 668A-11 or adopting the valuation of the property agreed to by all cotenants.
“Heirs property” means real property held in tenancy in common that satisfies all the following requirements as of the filing of an action for partition:
(1) There is no agreement in a record binding all the cotenants that governs the partition of the property;
(2) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(3) Any of the following applies:
(A) Twenty per cent or more of the interests are held by cotenants who are relatives;
(B) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(C) Twenty per cent or more of the cotenants are relatives.
“Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under section 668A-11.
“Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.
“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this State other than this chapter.