What to know about getting court approval to sell an inherited home in Hawaii

Short answer: If a decedent’s real property is part of a probate estate or a minor holds an inherited ownership interest, you will usually need to open a probate or guardianship proceeding, obtain court authorization for the sale, and protect the minor’s share (often by appointing a guardian ad litem or guardian of the minor’s property and ensuring court-approved handling of sale proceeds).

Disclaimer

This article explains general principles of Hawaii law for educational purposes only. It is not legal advice. For help specific to your situation, consult a licensed Hawaii attorney.

Detailed Answer — step-by-step under Hawaii law

Below is a practical roadmap using a simple hypothetical to show the typical court steps when co-owners inherit a house and at least one co-owner is a minor.

Hypothetical facts (for illustration)

Parent passes away owning a single family house. Title will pass to two children: one adult and one minor. There is no effective non-probate transfer (no living trust or right-of-survivorship title). The adult co-owner wants to sell the house.

1. Confirm how title passes

First confirm whether the property is part of the decedent’s probate estate or passed outside probate (trust, joint tenancy, transfer-on-death deed). If the property is probate property, a personal representative (executor/administrator) must be appointed to handle estate administration and to ask the court for permission to sell. If title passed outside probate but a minor owns a direct interest (for example as a joint tenant with a survivorship issue that failed), you will likely need a guardianship or another court procedure to protect the minor’s interest.

See Hawaii probate law: HRS Chapter 560 (Probate of Estates), and Hawaii Judiciary probate resources: Hawaii Courts — Probate & Guardianship.

2. Open probate or guardianship if needed

If the house is probate property, file a petition to admit the will (if any) and to appoint a personal representative, or file for administration if there is no will. If the property is non-probate but the minor needs protection for their property interest, file for appointment of a guardian of the minor’s property or a guardian ad litem to represent the minor’s interests in the sale.

3. Ask the court for authority to sell the real property

The personal representative or guardian must file a petition or application asking the probate/juvenile/circuit court for authority to sell the house. Typical filings include:

A verified petition describing the estate, the need to sell the property, and why sale is in the estate’s/beneﬁciary’s best interest;
Evidence of fair market value (appraisal or broker opinion);
Proposed sale terms (listing price, proposed buyer, commission if applicable);
Proof of service or notice to known heirs, beneficiaries, and creditors.

4. Special protections for minors

When a minor has an ownership interest:

The court will require representation for the minor: often a guardian ad litem or appointment of a guardian of the minor’s property to consent or to protect the minor’s rights in the transaction.
The court typically reviews whether the sale is fair and in the minor’s best interest.
Proceeds that are payable to the minor often must be handled by the court — for example, deposited into a blocked account, invested under court supervision, or paid to a guardian of the minor’s property — until the minor reaches majority or as otherwise ordered by the court.

5. Notice and opportunity to object

Hawaii procedure requires notice to interested persons (heirs, beneficiaries, and sometimes creditors). The court sets a time for any objections. The judge will hold a hearing if there are objections or if the court’s procedures require it.

6. Court hearing and order approving the sale

If the court finds the sale is reasonable and proper, it will sign an order authorizing the sale and setting terms for disbursement of proceeds. The court order is what lets the representative or guardian sign the deed and complete the transaction.

7. Closing, deed, and distribution of proceeds

After closing, the deed is recorded. Proceeds are distributed according to the court’s order — paying costs, creditors, commissions, and the remaining balance being held or distributed for beneficiaries, with special protections for any minor’s share.

8. Alternatives and related actions to consider

If co-owners cannot agree, a partition action (court-ordered sale or division) may be available. That is a separate civil action (title dispute/partition) rather than probate but also involves the court.
Some small estates qualify for simplified procedures; check Hawaii’s probate forms and rules to see if summary administration applies.
Sometimes parties use conservatorship, custodial accounts, or structured settlements to preserve a minor’s interests without repeated court involvement — but these require court approval in many cases.

Where to look in Hawaii law and court resources

Hawaii Revised Statutes, Probate chapter: HRS Chapter 560 (probate procedures)
Hawaii Judiciary — probate & guardianship self-help, forms, and instructions: Hawaii Courts — Probate & Guardianship
Hawaii Judiciary local court rules and form packets (look for Personal Representative/Administrator and Guardianship forms on the court site).

Helpful Hints

Start by checking how title passes (will, trust, joint tenancy, or probate). That determines which court process you must use.
Get a current appraisal or broker price opinion before petitioning the court; courts want to see that the sale is reasonable.
Notify all heirs and known creditors early and retain proof of service to avoid delays from procedural defects.
If a minor is involved, expect extra steps: appointment of a guardian or guardian ad litem, court review of sale terms, and controlled handling of the minor’s proceeds.
Ask the court whether proceeds must be deposited into a blocked account or managed by a guardian — do not simply hand funds to a minor or an adult beneficiary without court approval.
If co-owners disagree, consider mediation before filing a partition or estate litigation — courts often favor settlement and mediation to reduce cost and delay.
Work with an attorney experienced in Hawaii probate, guardianship, or real property when minors are involved; mistakes can delay sale and harm the minor’s legal protections.

Final note

Every situation has important factual and procedural nuances: whether there is a will or trust, how title is held, the ages of the minors, and the existence of creditors or liens can change the path you must follow. Use the Hawaii Judiciary links above to review forms and local requirements, and consult a licensed Hawaii attorney to prepare and file the necessary petitions and to represent minors’ interests in court.