Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
When someone dies without a will (intestate) in Hawaii, state law governs how their real property passes to heirs. The process unfolds in several steps:
1. Intestate Succession Under Hawaii Law
Hawaii’s intestate succession statutes outline who inherits and in what share. If the decedent left:
- No spouse but multiple children: The estate divides equally among the children. (HRS §560-4link)
- A surviving spouse and children: The spouse receives half and the children split the rest equally. (HRS §560-3link)
- No spouse or children: The estate passes to parents, siblings, or more distant relatives per HRS §560-2link.
2. Opening Probate and Appointment of an Administrator
An interested party (usually an heir) files a probate petition in the circuit court of the county where the decedent lived. The court appoints an administrator to manage the estate. The administrator receives “Letters of Administration” to act on behalf of the estate.
3. Gathering Assets and Settling Debts
The administrator lists estate assets, including the real property, notifies creditors, and pays valid debts and expenses. Only after these steps can the administrator distribute assets to heirs.
4. Transferring Title to Heirs
After the court approves the final account, the administrator executes a deed conveying the property to the heirs as tenants in common, unless the heirs agree otherwise. Heirs can:
- Hold the property jointly as tenants in common.
- Sell the property and split proceeds.
- Have one heir buy out the others.
To complete title transfer:
- If the land is registered in Hawaii Land Court, file the court’s decree in Land Court under HRS Chapter 501.
- If the land uses the regular conveyance system, record the deed with the Bureau of Conveyances (cca.hawaii.gov/bocc).
Helpful Hints
- Review the decedent’s assets early to see if the estate qualifies for simplified probate under Hawaii law.
- Communicate with all heirs to avoid disputes over selling or keeping the home.
- Keep thorough records of all expenses and distributions to satisfy the court’s final accounting.
- Consider hiring a real estate professional if you plan to sell the property.
- Consult a licensed Hawaii attorney for complex issues like creditor claims or disagreements among heirs.