Detailed Answer
When a property owner dies in Hawaii, their real property passes to heirs or beneficiaries through probate or by operation of law. To include real property in the estate successfully, follow these main steps under Hawaii law:
1. Identify Ownership Type
First, review the deed to determine if the decedent held the property as:
- Joint tenants with right of survivorship: Surviving joint tenants can avoid probate by filing an affidavit of death of joint tenant with the Bureau of Conveyances.
- Tenants in common or sole ownership: The property must pass through probate to the estate.
If joint tenancy applies, prepare an Affidavit of Death of Joint Tenant including a certified copy of the death certificate, a legal description of the property, and proof of joint tenancy. Record it at the Bureau of Conveyances.
2. Open Probate Administration
When probate is necessary, the personal representative (executor or administrator) must file a petition in the circuit court of the county where the property is located. See HRS §560:3-201 for petition requirements. The court will issue Letters Testamentary (if there is a will) or Letters of Administration (if there is no will).
3. Inventory and Appraisal
Within three months of appointment, the personal representative must file an inventory listing all estate assets, including real property, and their fair market value. The court may require a professional appraisal.
4. Notice to Creditors
Publish or mail notice to creditors within two weeks of appointment per HRS §560:4-101. This step ensures all valid claims against the estate are addressed before distribution.
5. Transfer Title and Record Deed
After the court approves the final accounting and distribution plan, the personal representative executes a deed conveying the property from the estate to the beneficiaries. Record this deed at the Bureau of Conveyances under HRS Chapter 520. Include a certified copy of the court order approving distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Locate the original property deed and death certificate before starting probate.
- Check if the property qualifies for summary administration (small estate) under HRS §560:3-603.
- Maintain clear records of all court filings and recorded documents.
- Hire a real estate appraiser familiar with local market values.
- File all deeds and affidavits with the Bureau of Conveyances to ensure proper title transfer.