The executor at administrator of an estate that is being probated outside of Hawaii has to obtain the legal authority to exercise control over real estate in Hawaii. There are a few ways to to do, but the most common is an ancillary proceeding.
This is a second probate proceeding, but it isn’t as costly or as time-consuming as the first one because it piggy-backs off of the first one. With an ancillary probate in Hawaii, we are seeking to obtain the local court’s recognition of an executor’s authority that was ordered by a foreign court. This is necessary in order to empower the executor to dispose of tangible property in Hawaii.
Your parents might have owned a vacation home in Hawaii but lived in another state or country. Their Hawaii property is governed by Hawaii law. When probate is started in another state and that state’s court appoints an executor, that person is not automatically authorized to dispose of property owned in Hawaii. The Hawaii probate court must acknowledge the authority of a foreign-appointed executor before Hawaii property can be conveyed by an executor.
Ancillary probate is a hassle, but it is intended to ensure the integrity of property rights in Hawaii. Our proven systems and processes help clients through the ancillary probate process efficiently and effectively. We love helping the next generation take over property ownership in Hawaii and there are ways that we can do this proactively so that you can avoid an ancillary probate entirely.
Learn more here: https://www.hawaiideed.com/answers-to-faqs