Transferring a property interest located outside Hawaii can be streamlined when all heirs agree and formal ancillary probate in the other state is not required. Follow the steps below to complete the transfer under Hawaii law and general guidelines for the out-of-state jurisdiction.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in the property’s jurisdiction before taking any action.
Detailed Answer
1. Verify Ownership and Heirship
Obtain a certified copy of the decedent’s death certificate. Locate any valid will or, if none exists, apply Hawaii’s intestate succession rules under HRS §560:2-201 (Intestate property distribution) to identify all legal heirs. Ensure you have current contact information for each heir.
2. Confirm if Ancillary Probate Is Required
Under Hawaii law, ancillary probate may be necessary when a personal representative in Hawaii needs authority to transfer real property in another state. See HRS §560:8-101 (Ancillary probate requirements). If no personal representative is appointed and all heirs agree on distribution, many states permit direct transfer without opening a formal ancillary estate.
3. Prepare an Heirship Deed or Affidavit
Draft a deed (often called an Heirship Deed or Family Deed) conveying the decedent’s interest to all heirs. Use the deed format required by the jurisdiction where the property is located. If that state allows, prepare an Affidavit of Heirship outlining the decedent’s lineage, heirs’ names and addresses, and the fact that no ancillary probate was opened.
4. Execute, Notarize and Attach Documentation
Have all heirs sign the deed and any required affidavits before a notary public. Attach a certified copy of the decedent’s death certificate and, if applicable, a certified copy of the will or court order establishing heirship. Confirm each signature block meets the other state’s statutory requirements.
5. Record the Deed in the Out-of-State Jurisdiction
Submit the executed deed, affidavit and death certificate to the county recorder or land registry where the property sits. Pay applicable recording fees and transfer taxes. In Hawaii, recording fees and requirements are governed by HRS §502-11 (Recording of instruments), but local rules of the other jurisdiction will control recording procedures.
Helpful Hints
- Check the county recorder’s website in the property’s state for deed templates and fee schedules.
- Use multiple certified death certificates to satisfy both Hawaii and the out-of-state jurisdiction.
- Obtain a preliminary title report to confirm there are no undisclosed liens or encumbrances.
- Update or purchase title insurance to protect heirs from future title defects.
- Keep copies of all recorded documents and receipts in a centralized file for reference.