§510-10  Death of husband or wife.  (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 §510-10; am L 1972, c 107, §1(c); am L 1976, c 200, pt of
§1; am L 1979, c 105, §48; gen ch 1985]