Haw. Prob. R. 67

If the decedent died intestate or the will does not require that court approval of real estate sales be obtained, the personal representative may notify the beneficiaries or heirs of the personal representative's intention to list real property for sale and request the beneficiaries or heirs to consent to any sale of the property, so long as a specific price is obtained. If all the beneficiaries or heirs consent in writing, the personal representative may list and sell the real property for the approved price, without complying with the provisions of Rules 68 through 72. If the consent of all the beneficiaries or heirs cannot be obtained, then the Purchase Contract shall contain the terms set forth in Rule 68, except that the statement required in (d) thereof shall provide that the sale and commissions may be subject to court approval. Once the personal representative has received an offer which the personal representative wishes to accept, the personal representative shall advise the beneficiaries or heirs of the specific sale terms set forth in the Purchase Contract. If the beneficiaries or heirs do not demand court confirmation, then the sale may proceed without complying with Rules 69 through 72.

COMMENTARY:

The purpose of this rule is to allow the personal representative to obtain the beneficiaries' or heirs’ consent to a specific sales price before listing the property for sale so that there is no need to include court confirmation as a possible condition to the sale. The possibility of court confirmation and overbid procedures may have an adverse impact on the personal representative's ability to sell the property and, thus, lower the sales price. If prior approval by all the beneficiaries or heirs is obtained beforehand, the property may be

listed for sale without any reference to court confirmation.

(Amended November 12, 1997, effective December 15, 1997; further amended June 15, 2010, effective July 1, 2010.)