What to do when a parent dies without a will and real property is in their name — Hawaii FAQ

Disclaimer: This information is educational only and is not legal advice. Consult a licensed Hawaii attorney to handle a specific case.

Detailed answer — steps to get title transferred after a parent dies intestate in Hawaii

If a parent owned a house solely in their name and died without a will (intestate), the property normally must pass through Hawaii probate or another legal transfer process before the heirs can put title into their names. The precise path depends on how the property was titled and the estate’s size. Below are clear, sequential steps to understand and complete the transfer under Hawaii law.

1. Confirm how the property is owned

Before anything else, get a certified copy of the deed (from the Bureau of Conveyances or Land Court records) and check whether the property:

was owned as joint tenants with right of survivorship or tenants by the entirety (may pass automatically to surviving joint owner),
was held in a revocable trust (trust usually owns the property and it passes per the trust),
has a transfer-on-death (beneficiary) designation such as a beneficiary deed, or
was solely in your parent’s name (most common when probate is required).

If title already names a co-owner with survivorship rights, or if the property is in a trust or has a valid beneficiary designation, you may not need probate. Otherwise, continue below.

2. Determine whether a simplified (small estate) process applies

Hawaii’s courts provide procedures for estates with limited value that can avoid full formal administration. If the estate (and specifically the property and other personal assets available for transfer) falls under the small-estate threshold, you may be able to use a simplified procedure or an affidavit to collect assets. Check the Hawaii Judiciary website for guidance on small-estate procedures and local probate forms: Hawaii State Judiciary – Probate & Estate.

3. If probate is required: file for administration in the probate court

When probate is needed, you or another heir files a petition for administration in the circuit court for the county where the decedent lived or where much of the real property is located. The court will appoint a personal representative (often called an administrator when there is no will). The administrator obtains Letters of Administration (court authority to act for the estate), inventories the estate, pays valid debts, handles taxes, and then distributes property according to Hawaii’s intestacy rules.

For the statutes governing intestate succession and administration, see Hawaii Revised Statutes (intestate succession provisions): HRS Chapter 560 — Intestate Succession.

4. How intestate distribution generally works in Hawaii

Under Hawaii law, when there is no surviving spouse, the decedent’s children generally inherit the decedent’s probate property equally. If there is a surviving spouse, the spouse’s share depends on whether the decedent also had children or other parents. The probate court follows the statutory distribution rules in HRS. Use the link above to review the exact statutory language and to determine shares when spouses, parents, or multiple generations are involved.

5. Getting title transferred after the court order

Once the court approves the administrator’s final accounting and issues an order or decree distributing the house to the heirs, obtain certified copies of that court order and of the Letters of Administration. Record the certified court documents in the Bureau of Conveyances (or Land Court, if the property is registered) so the land records reflect the new owners. Only after recording the probate order can the heirs clear title, refinance, or sell.

6. Common steps and documents you’ll need

Certified copy of the decedent’s death certificate.
Original deed or copy from land records.
List of heirs and their contact information.
Inventory of estate assets and debts (mortgage statements, tax bills).
Copies of court petitions and final probate order (after administration).

7. Practical example (hypothetical)

Hypothetical facts: A single parent dies owning a $400,000 house solely in their name and no trust or beneficiary deed exists. Three adult children are the only heirs and there is no surviving spouse. Because the house is the major asset and exceeds common small-estate thresholds, one child files a petition for administration. The court appoints that child as administrator, the administrator notifies creditors, pays valid debts, and petitions the court for distribution. The court issues an order distributing equal shares of the house to the three children. The administrator records the court order and Letters of Administration at the Bureau of Conveyances, and title is updated to show the children as co-owners per the court order.

Helpful hints — what to do now and what to expect

Get multiple certified death certificates early. Many agencies will require originals.
Search title records quickly to see how the property is held (Bureau of Conveyances or Land Court).
Look for a trust, joint tenancy provisions, or beneficiary deeds — these can avoid probate.
Gather mortgage, tax, and insurance information. Outstanding liens must be addressed in probate.
Talk with your siblings about who will serve as administrator. Courts prefer an administrator who will act promptly and cooperate with heirs.
Expect court filing fees, possible bond requirements for the administrator, and attorney fees if you hire counsel. Probate can take months to over a year depending on complexity.
If the estate seems small, check the Hawaii Judiciary resources for simplified procedures first: Hawaii State Judiciary – Probate & Estate.
Keep good records: inventory, receipts for expenses paid, and records of notices to creditors. The administrator must account for estate activity to the court.
Consider mediation or an attorney early if heirs disagree. Disputes can stall the transfer and increase costs.
If you cannot afford an attorney, look for low-cost or legal aid resources in Hawaii or court self-help centers for probate forms and instructions.

When to talk to a lawyer

Consult an attorney if:

There is disagreement among heirs about administration or distribution.
There are significant debts or potential creditor claims.
Title or ownership is disputed, or the deed is unclear.
You need to confirm whether a small-estate procedure applies.

A Hawaii probate attorney can explain local rules, prepare petitions, represent the estate in court, and make sure the transfer follows HRS and local court procedures.

If you want to read Hawaii’s statutes on intestate succession, start here: HRS Chapter 560 — Intestate Succession. For court forms, procedural steps, and local guidance, start with the Hawaii Judiciary probate pages: https://www.courts.state.hi.us/self-help/probate.

Again, this is general information and not legal advice. A licensed attorney can review your facts and recommend the correct legal path for your situation.