How to Take Over a Deceased Parent’s Mortgage in Hawaii: Quick FAQ

Short answer: Your first tasks are (1) confirm how title to the house passes (joint tenancy, will, intestacy), (2) notify and work with the mortgage lender, and (3) complete the necessary probate or transfer paperwork so title and mortgage responsibilities match. Whether you can simply “take over” the mortgage depends on how title passes and the lender’s rules; you may need to formally assume the loan or refinance. This is general information, not legal advice.

Detailed answer — what you need to know and the steps to take

This answer assumes you are in Hawaii and a homeowner (your father) has died. The practical path you follow depends on two main things: (A) how the real property title is held, and (B) what the mortgage documents and lender require.

1. Find the deed and mortgage documents

Locate the recorded deed and the mortgage or deed of trust at the Hawaii Bureau of Conveyances (or the appropriate county conveyance office). The deed shows whether the property was held as sole owner, joint tenants with right of survivorship (common for spouses or family), or tenancy in common. If the property was titled to more than one person as joint tenants, the surviving joint tenant usually becomes the sole owner automatically at death.

Record searches and recorded documents: Hawaii Bureau of Conveyances: https://hbe.ehawaii.gov/.

2. Determine how title passes in Hawaii

– If the property was owned jointly with right of survivorship, the surviving owner typically becomes the owner automatically; you will need to record a death certificate and possibly an affidavit to clear title.
– If the property was titled solely in your father’s name and there is a will, the executor named in the will must take probate actions to transfer the property as the will directs.
– If there is no will (intestate), Hawaii’s intestacy rules determine heirs and the estate typically goes through probate to transfer title to heirs.

For general information on Hawaii probate procedures and how estates are handled, see the Hawaii State Judiciary self-help probate page: https://www.courts.state.hi.us/self-help/probate. For Hawaii statutes and code, see the Hawaii Revised Statutes: https://www.capitol.hawaii.gov/hrscurrent/.

3. Contact the mortgage lender early

Notify the lender or loan servicer that the borrower is deceased. The mortgage does not disappear at death — the loan must still be paid. Lenders commonly ask for a death certificate and for whoever is asserting an ability to pay or assume the loan to provide proof of title (such as probate court documents or recorded survivorship affidavit).

Possible outcomes with the lender:

• The lender accepts a loan assumption (if the note allows assumption and you qualify financially).
• The lender allows the estate or heir to continue payments without formally assuming the loan.
• The lender requires the loan to be paid off (the lender may call the loan due if the mortgage has a due-on-sale clause and an exception does not apply), in which case you may need to refinance.

4. If title is in your father’s sole name: probate or small estate options

If the house is solely in the decedent’s name, you usually need probate authority (letters testamentary or letters of administration) to transfer title or to act for the estate. Hawaii has procedures for probate administration and for smaller estates; check the Hawaii State Judiciary for forms and thresholds. Probate court papers are often what the lender will want to see before allowing loan assumption or authorizing an estate representative to make payments or enter into agreements.

5. If you will occupy the home and want to continue the mortgage

Steps you will likely follow:

1. Confirm how the title passes (deed, will, intestate rules).
2. Obtain certified copy of the death certificate and any probate documents or affidavits needed to prove your authority.
3. Contact the lender. Ask specifically whether the loan is assumable, what documents the lender needs, and whether you must qualify financially to assume or refinance the loan.
4. If the lender requires a formal assumption and you meet credit/income requirements, complete the assumption paperwork. If not, discuss refinancing in your name.
5. Record any deed or title documents required (survivorship affidavit, executor deed, or court order) at the Bureau of Conveyances to clear title. Keep the lender informed and provide recorded documents as asked.

6. Foreclosure and payment risk

If mortgage payments stop, the lender can pursue collection and foreclosure under Hawaii law. Make payment arrangements with the lender as soon as possible if the estate or heirs cannot immediately take over payments.

7. Documents you will likely need to gather

• Certified death certificate.
• Recorded deed showing current title.
• Copy of the mortgage or deed of trust and the loan servicer’s contact information.
• Will (if any) and any probate court documents (letters testamentary, letters of administration, small estate affidavit, or court order).
• Personal identification and proof of finances if you apply to assume or refinance the loan.

8. When you may need an attorney

Consider consulting a Hawaii probate or real estate attorney if:

• Title and heirship are unclear or contested.
• The lender refuses assumption or acceleration threatens the estate and you need to negotiate or litigate.
• The estate is complex, there are multiple creditors, or multiple heirs with disputes.

Helpful hints

• Don’t stop making mortgage payments while you sort out title and probate — missed payments can trigger foreclosure.
• Start at the Bureau of Conveyances to review the deed and mortgage so you know exactly what the recorded documents say. (https://hbe.ehawaii.gov/)
• If the property was jointly owned with right of survivorship, you may only need to record the death certificate and an affidavit to clear title — still tell the lender.
• Ask the lender which forms it requires for a borrower’s death and whether a formal assumption is allowed; get names, phone numbers, and written instructions.
• Keep careful records of all calls, letters, and documents exchanged with the lender and probate court.
• Use the Hawaii State Judiciary’s probate self-help pages for forms and procedures: https://www.courts.state.hi.us/self-help/probate
• If you plan to refinance, shop lenders early to compare rates and fees — mortgage terms can change while you’re completing probate.

Where to find Hawaii statutes and official information

Hawaii Revised Statutes and chapter listings: https://www.capitol.hawaii.gov/hrscurrent/
Hawaii State Judiciary probate resources: https://www.courts.state.hi.us/self-help/probate
Hawaii Bureau of Conveyances (property records and recording): https://hbe.ehawaii.gov/

Final note / disclaimer: This article explains general steps under Hawaii practice and points you to official resources. It is educational only and does not constitute legal advice. For advice tailored to your exact situation, consult a licensed attorney in Hawaii who handles probate and real estate/mortgage matters.