Disclaimer: I am not a lawyer. This article provides general information about Hawaii probate procedures and is not legal advice. Consult a licensed Hawaii attorney about your situation before acting.

Quick answer

If a decedent’s will is outdated, you must first confirm which instrument (if any) is legally effective. Then open probate (or administration) in the Hawaii probate court where the decedent lived, seek appointment as personal representative (executor or administrator), obtain the court-issued letters that give you legal authority, and either sell the property under the authority granted in the will or ask the court to approve a sale. Follow the court’s process for notice, appraisal, accounting, and transfer of title.

Detailed answer — step-by-step under Hawaii process

1. Gather documents and determine whether the will is still effective

Start by locating all testamentary documents: the most recent will, any codicils (amendments), and any later wills. An older will can still be valid if it was not revoked by a later will, by a physical act (like tearing), or by operation of law (for example, some states treat divorce as revoking certain provisions). If you find a later will, that later will generally controls. If you only find an outdated will and there is no later valid will, the probate process will proceed either under that will or (if no valid will exists) under intestacy rules administered by the court.

2. File the correct petition in Hawaii probate court

Whoever has the will or who believes they should be the personal representative should file a petition with the Probate Division of the Hawaii State Judiciary in the circuit where the decedent lived. The petition asks the court to admit the will (if one exists) and to appoint a personal representative (also called an executor if named in the will, or an administrator if no valid will exists).

See the Hawaii State Judiciary’s probate information and forms at the Hawaii Courts website for local filing requirements and forms: https://www.courts.state.hi.us/self-help/probate/.

3. Appointment gives you authority: letters testamentary / letters of administration

After the court admits the will and appoints the personal representative, the court issues written proof of authority—commonly called letters testamentary or letters of administration. You generally need those letters (or a court order) before banks, title companies, or county recording offices will accept your authority to sell or transfer real estate owned by the decedent.

4. Inventory, appraisal, and creditor notice

The personal representative must inventory estate assets, give notice to known creditors, publish notice if required, and take other steps required by Hawaii probate procedure. The estate may need a professional appraisal of real property before sale or accounting. These steps protect buyers and other interested parties and create a clear record for the court.

5. Selling the property — when the personal representative can act without separate court permission

Whether you can sell real property without further court approval depends on:

• What the will authorizes (some wills explicitly grant the executor power to sell real estate);
• Whether the estate’s assets and debts permit a private sale without court confirmation; and
• Whether any interested person objects or if the property is specifically bequeathed to someone (which can complicate an unfettered sale).

If the will grants explicit authority to sell, the letters plus an affidavit of distribution and settlement often suffice for a sale. If the will does not grant clear authority, or if a buyer or title company requests it, you should file a petition to the court asking for authority to sell and for approval of sale terms. The court will typically require notice to heirs and beneficiaries and may set a hearing.

6. Court-supervised sale (when needed)

If the estate lacks clear written authority, if beneficiaries object, or if the property is subject to disputes or complex claims, the safest path is a court-supervised sale. The court may approve the sale terms, require competitive bidding, or confirm a proposed sale, ensuring the purchaser receives marketable title and the personal representative is protected from post-sale liability.

7. Closing and recording

Once the sale is approved and closed, the personal representative signs the deed conveying title and the deed is recorded. Proceeds are used to pay valid debts and expenses, and the remaining proceeds are distributed per the will or Hawaii intestacy rules.

8. Handling an outdated will issue

“Outdated” can mean different things. Common scenarios and responses:

• If the will pre‑dates a later, valid will: admit the later will and follow it.
• If the will doesn’t reflect later life events (e.g., divorce, birth of children) but no later valid will exists: the older will may still stand subject to statutory rules that modify dispositions for events like divorce — confirm with the court or counsel.
• If the will is ambiguous or inconsistent with later documents or facts: expect interested parties to contest; use the probate petition and court process to resolve the legal effect.

9. Common title/closing issues to expect in Hawaii

• Title companies usually want a certified copy of your letters and sometimes a court order authorizing sale.
• County real property transfer or conveyance taxes, mortgage payoffs, or liens must be handled at closing.
• If a beneficiary has a specific devise (a gift of the property), the court may require their consent or compensate them before sale.

For general guidance about probate law and procedures in Hawaii, consult the Hawaii Revised Statutes and the Hawaii Judiciary probate self-help materials. Start here: https://www.courts.state.hi.us/self-help/probate/ and the Hawaii Legislature site for the statutory text: https://www.capitol.hawaii.gov/.

Helpful hints

• Do not attempt to sell estate real property without written court authority (letters or an order). Banks and title companies require proof of authority.
• Locate the most recent will and any codicils. Ask the decedent’s attorney, safe deposit bank, or family members.
• Keep a clear record: inventories, appraisals, notices to beneficiaries, creditor notices, and copies of all filings and court orders.
• Expect interested persons (heirs, beneficiaries, creditors) to receive notice; give them a chance to object before final sale.
• If you face objections or complex disputes (undisclosed heirs, competing wills, community property claims), consult a probate attorney quickly—litigation can delay sales and increase costs.
• Work with a title company early to identify any title or lien issues that might block closing.
• Consider alternate procedures if the estate is small (Hawaii provides streamlined processes in limited situations); the Hawaii Courts self-help page describes small‑estate options.
• Budget for probate costs: filing fees, publication costs, appraisal fees, attorney fees (if any), and closing costs.