How to sell a co-owned property in Hawaii to cover funeral and property tax expenses

Disclaimer: This is educational information only and not legal advice. For legal help tailored to your situation, consult a licensed Hawaii attorney.

Detailed answer — steps under Hawaii law

If you and others co-own real property in Hawaii and you need to sell the property to pay funeral costs and property taxes, your options depend on how the property is owned, whether an owner is deceased, and whether co-owners agree. Below are the typical routes and what to expect under Hawaii practice and statute.

1. Identify how title is held

Tenancy in common: each owner has a separate share that can be sold or transferred individually. There is no right of survivorship.
Joint tenancy with right of survivorship: when one joint tenant dies, that person’s interest generally passes automatically to the surviving joint tenant(s) and is not part of the decedent’s probate estate.
Tenancy by the entirety: available only to married couples in some states (rare in Hawaii); rules vary.

To confirm ownership, get a copy of the recorded deed from the Bureau of Conveyances or the county land records. If you are unsure where to look, the Hawaii State Judiciary and county websites can point you to recording offices.

2. If co-owners agree to sell

Voluntary sale is fastest: list the property, accept an offer, and split the proceeds according to ownership shares after paying closing costs, mortgage(s), liens, and property taxes.
If a co-owner cannot or will not sign, consider offering a buyout (paying that owner cash for their share).
If the decedent’s interest is in the probate estate, the personal representative (executor/administrator) may need court approval to sell estate property unless the will or statute grants authority.

3. If co-owners disagree: partition action

If you cannot reach agreement, Hawaii law allows a co-owner to file a partition action asking the court to divide or sell the property. Partition is commonly used when co-owners cannot cooperate.

A court can order a physical division (rare for residential lots) or order a sale with the proceeds divided among owners after liens and costs are paid.
Partition actions are governed by state law; see Hawaii’s partition statutes for procedures and remedies: HRS Chapter 669 — Partition.
Expect court fees, appraisals, and attorney fees; cases take months or longer.

4. When an owner is deceased

If the decedent owned property solely in their name, the property generally becomes part of the probate estate (unless it passed by joint tenancy or beneficiary designation).
The personal representative (executor or administrator) is responsible for paying funeral expenses and taxes from estate assets. If estate funds are insufficient, the representative must follow statutory priority rules for creditor claims and may need court approval to sell real property to pay debts.
Hawaii Judiciary provides basic probate information and forms: Hawaii Judiciary — Probate self-help. For statute-level rules and filing requirements, consult the Hawaii Revised Statutes and local probate court.

5. Small estate or summary administration

When an estate’s assets are small, Hawaii may allow simplified procedures (commonly called “small estate” or summary administration) that make it easier for a survivor to collect assets without full probate. Whether you qualify depends on the value and types of assets. Check the Hawaii Judiciary resources or ask a probate attorney about small estate options.

6. Property tax and liens

Property taxes in Hawaii are administered by county governments. If taxes are delinquent, the county can assess penalties and may ultimately enforce collection (including tax sale/foreclosure) according to county procedures.
To protect the property while you arrange a sale, contact the county tax office where the property is located, confirm the current balance, and ask about payment plans or lien information.

7. Practical timeline and costs

Voluntary sale with cooperating owners: a few weeks to a few months (listing, contract, escrow).
Probate sales or partition litigation: often several months to a year or more.
Costs: real estate commissions, closing costs, title work, unpaid mortgage and taxes, attorney fees if you use counsel or litigate, court costs for partition or probate filings.

8. Steps you can take now

Locate the deed and the decedent’s death certificate (if applicable).
Contact the county tax office to get the current tax bill and any delinquency information.
Talk with the co-owners: see if a quick voluntary sale or buyout is possible.
If a probate estate exists or is needed, contact the probate clerk at the appropriate Hawaii circuit court or a probate attorney to determine whether an administrator must be appointed.
If co-owners disagree and voluntary resolution fails, consult a real estate attorney about filing a partition action under HRS Chapter 669.

Helpful hints

Document everything: keep records of communications with co-owners, tax notices, and funeral invoices.
Get a title search or hire a title company to discover liens, mortgages, and other encumbrances before a sale.
If you need money quickly to cover a funeral, explore short-term options: a co-owner loan, a temporary agreement to pay taxes, or a quick private sale—carefully document any agreements in writing.
Be mindful of survivor rights: if title is joint tenancy, a surviving joint tenant likely owns the property automatically; that may remove the property from probate and affect who can sell it.
Consider mediation: many disputes over family property resolve faster and cheaper if parties use a mediator to negotiate a sale or buyout agreement.
County property tax rules vary by island—call the county tax office where the property sits (City & County of Honolulu; Hawaii County; Maui County; Kauai County) for exact procedures and deadlines.
Ask your attorney about probate priority for funeral expenses and creditor claims so you know where funeral bills and taxes fall in the payment order.

When to get legal help

Consult a licensed Hawaii attorney if any of the following apply:

Co-owners refuse to cooperate and you need to force a sale.
There is an outstanding mortgage, multiple liens, or complex title issues.
Probate is required to access funds or transfer ownership after a death.
Tax delinquency threatens county enforcement or foreclosure.

A local real estate or probate attorney can advise you about filing a partition, seeking court approval to sell estate property, or using a small estate procedure. If you want to research the statutory rules that govern partition in Hawaii, see HRS Chapter 669 — Partition. For probate forms and basic guidance, see the Hawaii Judiciary probate self-help page: https://www.courts.state.hi.us/self-help/probate/.

If you want, I can help you prepare a checklist of documents to gather before you meet an attorney, or suggest questions to ask a probate or real estate lawyer in Hawaii.