Detailed Answer

Short answer: Yes. If a sibling who owned an interest in real property died, that sibling’s heirs (or the personal representative of the sibling’s probate estate) are ordinarily necessary parties to a partition action in Hawaii because they now hold the deceased sibling’s share. You must identify and add those heirs to the case or the court may not be able to fully divide or sell the property and distribute proceeds.

Why heirs must be included

Partition actions divide or sell real property among the people who hold legal or equitable interests in it. When a co-owner dies, title typically passes to the decedent’s heirs or devisees under the will, or to the estate’s personal representative until probate distributes the property. A court needs all people with a present interest in the property before it can partition or order sale and distribution.

Primary legal sources (Hawaii)

Partition actions and joinder of parties are governed by Hawaii statutes and the Hawaii Rules of Civil Procedure. You can review the Hawaii Revised Statutes and the court rules here:

• Hawaii Revised Statutes (statutes index): https://www.capitol.hawaii.gov/hrscurrent/
• Search for the partition chapter and related provisions in the HRS chapter list (look for “partition” or chapter 669 in the HRS index linked above).
• Hawaii Rules of Civil Procedure (joinder, service, amendment of pleadings): https://www.courts.state.hi.us/ (see court rules section)

Who to add as parties

Depending on the facts, add one or more of the following:

• The decedent’s heirs-at-law (if intestate) or devisees under a will.
• The personal representative (executor or administrator) of the decedent’s probate estate if the estate is open. The personal representative may appear for the estate.
• Any minors or persons under disability who inherit; the court may require a guardian ad litem or guardian to be appointed to represent their interests.

Practical steps to add heirs to a partition action in Hawaii

1. Confirm the decedent’s interest: Do a title search to confirm the deceased sibling held an interest and determine how title was held (joint tenancy, tenancy in common, tenancy by entirety, etc.). If the sibling held as joint tenant with right of survivorship, their interest may have passed automatically to the surviving joint tenants and a partition defendant may not be needed. If the sibling held as tenant in common, their share usually passes to heirs.
2. Check for an open probate: Find out whether the decedent had a probate case. If probate is open, the personal representative can typically be added as a party to represent the decedent’s interest. If probate is not open, heirs will usually be the proper parties.
3. Identify heirs: Use public records (probate filings, death certificate, family history, recorded deed history) to identify likely heirs. If a will exists, locate and review it to identify devisees. If you cannot locate heirs, prepare to ask the court for alternative service or to join “unknown heirs” under court rules.
4. File an amended complaint or motion to join parties: If a partition action is already pending, file an amended complaint or a motion under the Hawaii Rules of Civil Procedure to join the heirs as defendants. If you are starting a new partition action, name the heirs or the personal representative as defendants in the initial complaint.
5. Serve process properly: Serve each heir or the personal representative following Hawaii service rules. If an heir cannot be found, you may request substituted service or service by publication under the court rules after making a reasonable effort to locate them.
6. Handle minors and incapacitated persons: When heirs are minors or legally incapacitated, the court will likely require appointment of a guardian ad litem or court-supervised representation before any final partition or sale. Make sure the pleadings identify such persons so the court can protect their interests.
7. Consider joining the probate court or staying partition: If an estate is open and title will be resolved by probate, consult with counsel about coordinating the probate and partition cases. Sometimes courts will allow the personal representative to be added rather than the individual heirs, or stay partition until probate determines distributive shares.
8. Request relief and propose division method: In your pleading, ask the court to determine ownership shares and either physically partition the land or order a sale with proceeds distributed to owners (including heirs) according to their shares.

What if some heirs are unknown or cannot be located?

If an heir is unknown or cannot be found after reasonable effort, the court may allow service by publication or other substituted service. You should document your efforts to locate the person (mailing, online searches, county records) and ask the court for permission to proceed. The court may appoint a guardian ad litem to represent unknown or unlocatable parties’ interests or require that sale proceeds be held pending later claim.

Common pitfalls

• Failing to include all persons with an ownership interest can result in a later challenge to the partition judgment.
• Assuming joint tenancy without verifying the deed language or later conveyances can lead to incorrect party lists.
• Not checking for an open probate may result in duplicative litigation or jurisdictional problems.

Helpful Hints

• Start with a title search at the Bureau of Conveyances (or state land records) to establish who holds record title.
• Search Hawaii probate records and the island court probate docket to see if a personal representative was appointed.
• If a will exists, the executor is often the easiest party to add because they can represent estate interests.
• Document all efforts to find missing heirs; courts expect proof before allowing service by publication.
• Ask the court early to appoint a guardian ad litem for minors or persons under disability.
• Consider mediation or negotiation with heirs before filing; amicable agreements can save time and costs compared with contested partition litigation.
• Consult an attorney familiar with Hawaii real property and probate law if ownership is unclear, heirs are numerous, or disputes exist — this post is educational and not a substitute for legal advice.