Detailed Answer
This article explains how an heir in Hawaii can respond when the person appointed to manage a decedent’s estate (the personal representative, often called the administrator) asserts ownership of real property that you believe should pass to you. This is general information only and not legal advice.
Who holds title to estate property during administration?
When a court appoints a personal representative to administer an estate, that representative holds legal control over estate property for the benefit of the estate and its heirs and beneficiaries. That control is a fiduciary duty, not personal ownership. The representative may have authority to preserve, manage, or—only with appropriate court permission—sell estate property, but they do not automatically receive ownership as a private individual.
Key legal sources in Hawaii
Probate and administration in Hawaii are governed by the Hawaii Revised Statutes. For general rules about appointment, duties, and removal of a personal representative, see Chapter 560 of the Hawaii Revised Statutes: HRS Chapter 560 (Probate and Administration). The Hawai‘i State Judiciary also provides practical information and forms for probate matters: Hawaii Judiciary — Probate Self-Help.
When you can challenge the administrator’s claim
You can challenge the administrator whenever they exceed their authority, misuse estate property, or improperly claim the property as their own. Common grounds to challenge include:
- Evidence the administrator never had a lawful right to convert estate property to personal ownership (for example, they recorded a deed transferring the property into their name without court approval or heir consent).
- Failure to follow statutory duties: not filing an inventory, not giving notice to heirs, failing to account for estate assets, or selling assets without court authorization where required.
- Fraud, misrepresentation, or forgery in the probate process.
- Improper appointment (someone was appointed who was ineligible or obtained the appointment by fraud).
Practical steps to challenge an improper ownership claim
- Confirm the probate status and read the court file. Request certified copies of the Letters of Administration or Letters Testamentary and all petitions/orders in the probate case from the probate clerk. The court record shows what authority the representative has.
- Check title records. Search the county recorder/land records to see if any deed or encumbrance was recorded. If the representative recorded a deed transferring the property to themselves, you’ll have direct evidence of a transfer.
- Demand an inventory and accounting. Under probate law the personal representative must account for estate assets. If they won’t cooperate, you can ask the probate court to order an inventory and accounting.
- File formal objections or motions in probate court. If the representative acted outside their authority, you can file objections to specific actions, petition for an order declaring the attempted transfer void, and/or move to compel an accounting.
- Seek removal or surcharge. The court can remove a representative for cause and can surcharge (hold financially liable) a representative who misappropriates estate assets. You may also be able to make a claim against the representative’s probate bond if the estate is bonded.
- Consider a separate civil action if needed. If the representative improperly converted property (for example, recorded a deed and refuses to undo it), you may need to initiate a civil action such as quiet title, replevin, or conversion in the appropriate trial court, asking for a declaration that the transfer is void and for return of the property or money damages.
Evidence you should collect
Gather documents that prove your heirship and show how the administrator handled the property:
- Decedent’s will (if any) or documents showing intestacy and family relationships.
- Death certificate.
- Recorded deeds, statements from the county recorder showing any transfers.
- Letters of Administration or Letters Testamentary from the probate court.
- Any communications, receipts, bank statements, or proof of sale related to the property.
Timing and deadlines
Timing matters. Some objections to probate actions must be filed within specific windows after notice or appointment. Other causes of action (for example, civil claims for conversion or fraud) have separate statutes of limitation measured from when the harm was discovered. Because deadlines vary by claim and circumstance, act promptly and consult an attorney about time limits that may apply to your case.
Possible court outcomes and remedies
The court can:
- Declare the attempted transfer void and order record correction (quiet title or declaratory judgment).
- Compel the representative to return funds or property to the estate and make restitution.
- Remove the representative and appoint someone else.
- Order the representative to provide a full accounting and impose surcharges or hold them liable to the estate/beneficiaries.
- Permit claims against the representative’s bond.
When to get a lawyer
If the administrator is claiming ownership or has recorded a transfer, consider talking with a probate or real property attorney right away. A lawyer can help you review the court file, prepare formal objections, file petitions with the probate court, and if necessary pursue civil remedies.
Quick links: Hawaii Revised Statutes Chapter 560 (probate and administration): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/. Hawaii Judiciary probate self-help: https://www.courts.state.hi.us/self-help/probate.
Disclaimer: This article is informational only and is not legal advice. Laws and procedures change. Consult a licensed attorney in Hawaii about your specific situation.
Helpful Hints
- Act quickly. Delays may limit remedies and complicate proof.
- Obtain the probate court file early — it documents the administrator’s authority.
- Check the county land records online or at the recorder’s office for any recorded deed or lien.
- Keep copies of all communications with the administrator and other heirs; written demands and responses help establish notice.
- Ask the probate clerk how to file objections, motions, or requests for accounting if you plan to proceed without an attorney.
- If the administrator recorded a deed, consider putting a lis pendens (notice of pending action) on the property once you file suit — an attorney can advise and file this for you.
- Look for whether the administrator posted a bond. A valid bond may provide a source of recovery if the administrator misappropriated estate property.
- Be prepared to propose a realistic remedy to the court: return of the property, monetary compensation, or appointment of a new representative.