Detailed Answer
When a decedent’s real property is sold as part of probate in Hawaii, heirs must sign several authorization forms to instruct the personal representative to distribute the sale proceeds. Below are the primary documents:
- Waiver of Notice and Consent to Appointment and Administration: Under HRS §560:3-302 (link), an heir can waive formal probate notices and consent to the executor or administrator handling the sale.
- Waiver of Accounting and Consent to Distribution: Pursuant to HRS §560:3-401 (link), heirs may waive a detailed accounting and agree to distribution of their share without further proceedings.
- Receipt and Release: Each heir signs a form acknowledging receipt of their portion of the sale proceeds and releasing the personal representative from future claims.
- Small Estate Affidavit (if applicable): If the estate qualifies as a small estate under HRS §560:3-703 (link), heirs can use this affidavit to bypass full probate and receive proceeds directly.
These forms give clear instructions to the personal representative, reduce administrative delays, and document the heirs’ approval of the sale proceeds distribution.
Helpful Hints
- Review heir shares under HRS §560:3-502 (link).
- Obtain official forms from the Hawaii Judiciary website or probate court clerk.
- Ensure all heirs sign consistently dated forms to prevent disputes.
- Keep originals and provide copies to each heir and the probate court file.
- Consider consulting a probate attorney if any heir objects to the proposed distribution.