Detailed Answer
In Hawaii, if your deceased parent is the only name on a property deed, ownership doesn’t automatically transfer to children. You must follow statutory procedures under the Hawaii Revised Statutes (HRS) to establish clear title. Below are the key steps.
- Review the Deed’s Ownership Type
The recorded deed shows whether your parent held sole ownership, joint tenancy, or tenancy in common. A single name means sole ownership. - Check for a Will or Trust
If your parent left a valid will or trust, it dictates property distribution. File the will with the Circuit Court in the county where the property lies to open probate under the Hawaii Uniform Probate Code (HRS Chapter 560). - Intestate Succession If There’s No Will
Without a will, Hawaii’s intestate succession rules apply. Under HRS § 560:2-201 (Disposition of Intestate Estate), the property passes to a surviving spouse, children, or other relatives. You must open probate to ask the court to appoint a personal representative. - Open Probate in Circuit Court
File a petition in the probate division of the appropriate Circuit Court. Include the death certificate, original deed, and any will. The court appoints a personal representative to pay debts and transfer title according to the will or HRS Chapter 560. - Consider a Small Estate Affidavit
If real property and personal assets fall below statutory thresholds, you may qualify to transfer ownership without formal probate. See HRS § 560:3-116 (Small Estate Affidavit). - Record the New Deed
Once you receive letters testamentary or the small estate affidavit is approved, prepare a new deed in the heir(s) name(s). Record it with the Bureau of Conveyances, include the court order or affidavit, and pay applicable fees.
Helpful Hints
- Order multiple certified death certificates from the Hawaii State Department of Health.
- Obtain a full copy of the recorded deed via the Bureau of Conveyances website (https://fileshawaii.gov).
- Review probate filing guidelines and fee schedules on the Circuit Court’s website.
- Maintain clear records of all filings, notices, and receipts throughout the probate process.
- Consult a title insurance company to uncover any liens or easements before transferring title.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on Hawaii property and probate matters.