Haw. Prob. R. 89

Termination of possession of real property held by the estate and distribution to those entitled thereto may be ordered on an ex parte basis upon petition that (1) states that the property is not necessary to the full and complete settlement of the estate and (2) is accompanied by the joinders of the beneficiaries who are entitled to the property under the will or the laws of intestacy.

COMMENTARY:

A personal representative has the authority to transfer assets of the estate, including real property, without court order, except under certain circumstances with respect to the sale of real property. HRS § 560:3-715. The Land Court statute, HRS § 501-171(a), provides for the transfer of an interest in real property from a probate estate to be supported by a court order of distribution, but no corresponding provision exists for Regular System property. In order to maintain consistency in probate court practice and procedures, this rule provides for an order terminating possession of property for all transfers during the administration of an estate, except those resulting from a sale (covered by other rules) or at termination and final distribution of the estate (covered by the order approving final accounts.)

(Amended June 25, 2003, effective July 1, 2003.)