Detailed Answer — who inherits and who owns the property

If your grandparent died, the owner of any property depends on two facts: (1) how the property was titled immediately before death, and (2) whether your grandparent left a valid will. Here is a step‑by‑step explanation of how ownership and heirship are determined in Hawaii.

1. Check how the property was titled

• Property held in joint tenancy with rights of survivorship: ownership passes automatically to the surviving joint tenant(s). That transfer happens by operation of law and typically does not go through probate.
• Property held as tenants in common: the decedent’s share becomes part of the decedent’s estate and passes according to the will or, if there is no will, by intestate succession.
• Property titled solely in the decedent’s name: it normally must pass through probate (or small‑estate procedures) to transfer legal title to heirs or beneficiaries.
• Property owned by a trust: if the property was placed in a trust, the successor trustee administers the trust and distributes property according to the trust document. It may not pass through probate.

2. Did your grandparent leave a will?

If there is a valid will, the executor named in the will is responsible for probating the estate and distributing assets according to the will. If there is no will, Hawaii’s intestacy rules determine heirs. These rules are in Hawaii Revised Statutes, Chapter 560 (Descent and Distribution): HRS Chapter 560.

3. Basic order of intestate heirs in Hawaii (general guide)

When someone dies without a will in Hawaii, the estate typically goes to surviving close relatives in this general order (subject to the specific family situation):

• Spouse and/or children (shares depend on whether there are both spouse and children, and whether children are also children of the surviving spouse)
• If none, then parents
• Then siblings and their descendants
• More remote relatives if no close relatives exist

For the exact statutory scheme and ordering, see HRS Chapter 560.

4. Do you need to open probate?

If the property is solely in your grandparent’s name, probate is often required to transfer title. The Hawaii State Judiciary provides guidance on opening probate and related procedures: Hawaii State Judiciary — Probate Self Help. Small estates may qualify for simplified procedures, but the availability depends on the estate’s assets and the law.

5. Practical steps to identify heirs and confirm ownership

1. Obtain certified copies of the death certificate (funeral home or vital records office).
2. Search for a will: check the decedent’s personal papers, safe‑deposit boxes, email records, or contact the decedent’s attorney or bank.
3. Check the deed and title records to see how the property is titled. In Hawaii, you can search recorded land records (deeds) to find the named owner and any joint owners or restrictions.
4. Check county real property tax/assessor records for listed owner information.
5. If there is no will and the title requires probate, file a petition with the Hawaii Circuit Court in the circuit where the decedent lived or the property is located.
6. If heirs are unknown or disputed, consider hiring a probate attorney or a probate genealogist to locate next of kin and help clear title.

6. When property transfers automatically — things to watch for

• Joint ownership with right of survivorship: usually passes outside probate to the survivor(s).
• Transfer on death (TOD) or beneficiary deed: if Hawaii recognizes such instruments for real property, they can transfer title directly to named beneficiaries. (Check the deed and consult an attorney.)
• Mortgage, liens, or unpaid taxes: these remain encumbrances on the property and must be addressed during probate or settlement.

7. If you need a clear title to sell or manage property

Clear legal title is essential before selling or refinancing. If title is still in the decedent’s name, you will normally need either a court order from probate or other statutory tools (like small‑estate affidavits, if available) to get title changed. Work with an attorney or a title company to determine the exact documentation required.

8. Common complications

• Disputed heirs or contested wills.
• Missing relatives or unknown heirs.
• Property that appears to be owned by the decedent but was actually transferred into a trust or joint account.

Key statutory resource: Hawaii Revised Statutes, Chapter 560 (Descent and Distribution): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0476-0505/HRS0560/

Where to get help: If the estate is complex, if heirs are disputed, or if you cannot locate a will or title documents, consider consulting a Hawaii probate attorney. The Hawaii State Judiciary self‑help pages also explain court procedures: https://www.courts.state.hi.us/self-help/probate.

Disclaimer: This article is educational only and not legal advice. If you need legal advice about a specific situation, contact a licensed attorney in Hawaii.

Helpful Hints — practical checklist

• Get several certified copies of the death certificate early.
• Search the decedent’s safe‑deposit box, mail, email, and files for a will or trust documents.
• Call the decedent’s bank and any known attorney to learn about a will, trust, or account beneficiaries.
• Check county property tax records and recorded deed to confirm how the property is titled.
• Don’t sign any transfers of property or let strangers pressure you to move assets until title and heirship are clear.
• If you are one of several potential heirs, keep written records of communications and copies of key documents.
• If heirs can’t be found, ask a probate attorney about required notices and genealogical searches.
• Use the Hawaii State Judiciary self‑help pages for basic probate forms and guidance: Hawaii Probate Self‑Help.