Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Hawaii attorney.
Overview — Can you buy out your siblings’ shares instead of selling the house through probate?
Yes. In Hawaii, heirs or beneficiaries can often arrange a private buyout of siblings’ ownership interests so the property stays in the family and does not need to be sold at a public probate sale. The exact process depends on how title is currently held, whether a probate administration is necessary, and whether all parties agree to a private transfer.
Key concepts to know
- Ownership title type (joint tenancy with right of survivorship, tenancy in common, or deed in the decedent’s name) determines whether probate is needed.
- If probate or administration is required, the estate’s personal representative (executor or administrator) usually has the legal authority to transfer estate property.
- If all heirs agree, they can sign deeds or agreements to transfer or consolidate interests without a forced sale. If heirs disagree, the buyer may face a partition action.
Step-by-step process to buy out siblings’ shares in Hawaii
1. Confirm how title currently stands and whether probate is required
Check the recorded deed. If the parent held title as joint tenants with right of survivorship, the surviving joint tenant(s) may already own the property by operation of law and no probate transfer may be necessary. If the parent held title solely in their name, or held a will-only transfer, the property will likely be part of the probate estate. The Hawaii courts’ probate self-help pages explain common probate procedures: Hawaii State Judiciary — Probate. For statutory text and further legal reference, see the Hawaii Revised Statutes online: Hawaii Revised Statutes (HRS).
2. If probate is open, get legal authority to transfer the property
If the estate is or must be administered, the executor or administrator will need letters testamentary or letters of administration from the probate court to act for the estate. That personal representative has authority to sell or convey estate real property subject to the court’s rules and any beneficiaries’ rights. If you are not the personal representative, you’ll generally need that person’s cooperation to complete a buyout.
3. Determine each heir’s share and obtain a current market value
- Identify beneficiaries and their fractional shares under the will or under intestate succession rules. If the decedent died without a will, Hawaii law governs distribution among surviving spouse and children — consult HRS and a lawyer for exact shares.
- Get a professional appraisal or broker price opinion so all siblings agree on a fair buyout figure. Using an independent appraiser reduces conflict.
4. Negotiate and document the buyout agreement
All parties should put terms in writing. Key terms include:
- Purchase price and how the price was determined (appraisal date).
- Who pays outstanding mortgage(s), liens, property taxes, and closing costs.
- Timing, escrow instructions, and which type of deed to be used (quitclaim vs. warranty deed).
- Representations, releases, and what each sibling gives up (for example, a release of claims against the estate once paid).
5. Clear title and close the transfer
Do a title search and obtain owner’s title insurance if possible. If the property is still in the estate, the personal representative will execute the deed transferring the estate’s share to the buying sibling (or to a new deed vesting ownership as agreed). If all co-owners sign voluntarily (for example, heirs in possession who hold tenancy-in-common interests), they can execute deeds transferring their shares. After execution, record the deed with the Bureau of Conveyances (or Land Court if the property is registered).
6. Record deed, pay recording fees, and handle taxes
Record the deed with the appropriate state office so the transfer appears in public records. Address outstanding mortgages — the buyer usually assumes or pays off any loans, or obtains refinancing if needed. Also confirm any state conveyance taxes or fees applicable to transfers in Hawaii. For information about recording and conveyance, consult the state resources and an attorney or title company.
7. If anyone refuses to sell: consider partition or court involvement
If one or more co-owners refuse a negotiated buyout, the buyer may have to either (a) buy those shares only from willing sellers (if possible), (b) continue negotiating, or (c) as a last resort, seek a partition action in court. A partition action asks the court to divide the property or order its sale. Partition can be slow, expensive, and emotionally draining, so it’s usually preferable to complete a consensual buyout.
Common practical documents you will use
- Appraisal report or broker price opinion
- Buyout agreement / purchase and sale agreement
- Deed (quitclaim or warranty) transferring interest
- Release and settlement agreement from sellers/heirs
- Letters testamentary or administration (if probate applies)
Helpful Hints
- Start by pulling the recorded deed at the Bureau of Conveyances to confirm how title is held.
- Get an independent appraisal to prevent later disputes about value.
- Hire a Hawaii real estate attorney or probate lawyer to draft the buyout agreement and prepare the deed—this reduces legal risk.
- Order a title search and consider title insurance to catch liens, easements, or other clouds on title.
- Confirm who is responsible for outstanding mortgage(s), taxes, and utilities before closing.
- Keep all agreements in writing and have each sibling sign releases to avoid later claims against the estate.
- Consider tax consequences and consult a tax advisor—transfers after death can have federal income tax and basis implications.
- If an heir is unwilling to cooperate, discuss mediation before filing a partition action; mediation is faster and less costly.
When to talk to a lawyer
Talk to a Hawaii probate or real estate attorney if any of the following apply:
- The title is unclear or shows mortgage(s), liens, or disputes.
- Probate is required and you need to confirm who can sign documents for the estate.
- Not all siblings agree to a buyout, or there’s hostility among heirs.
- There are significant tax, creditor, or estate issues that affect distribution.
For basic court forms, procedures, and more on probate in Hawaii, see the Hawaii State Judiciary probate information: https://www.courts.state.hi.us/self-help/probate/. For the state’s statutory code, visit the Hawaii Revised Statutes: https://www.capitol.hawaii.gov/hrscurrent/.
If you want, provide brief facts (how title is held, whether there’s a will, and whether there are mortgages) and I can outline a more tailored checklist of steps you can take next.