Aloha – do you need to sell a house in probate in Hawaii? Then keep reading so you can learn how to navigate the process and put yourself in the best position going forward.
Let’s define the word “probate” just so we’re clear on the topic for the rest of this post. Probate is the legal process by which a will is proven in court, specifically and aptly named “probate court”. [Full disclaimer: neither Oahu Home Buyers nor any of its members, officers or employees are attorneys and as such nothing in this article or elsewhere on this website should be construed as legal advice].
What determines whether the estate of the deceased has to go through probate or not?
Here’s where it gets legal (and read the disclaimer in the previous paragraph as to why we’re not giving the full information here), so consult a licensed attorney for specifics, but much of it comes down to:
- Did the deceased have a will (if not, then they died intestate) directing their wishes for asset disposal?
- How was the property owned, i.e. tenancy in common? In a trust?
- Is the executor (or personal representative) able to fulfill their duties in line with any other entitled heirs?
Now let’s say that your parents left you their estate and it includes not just a large single family home in Honolulu but also an art collection, mom’s jewelry and dad’s treasured set of Jack Nicklaus signed golf clubs. Let’s also assume that you don’t want to be a landlord and contacted us to sell your home “as is” for cash but don’t want to have to wait months for probate to finish because of the jewelry and golf clubs. You’d like your cash now, not next year.
In many circumstances, if you have agreed on terms with a buyer, the probate judge may allow you to sell the house out from the probate case now while the rest of the estate continues accordingly. That’s a winning solution for all parties.
How do I get started selling my house in probate in Hawaii?
Great question! Here is a list of tasks to do, in no strong particular order:
- Contact a company that buys houses in Hawaii like Oahu Home Buyers about selling your property “as is” for cash without any closing or agent fees
- Contact a Hawaii probate lawyer or paralegal who can guide you through the process (ask us for a referral if you need one)
- Have all the heirs agree on the path forward and proceed to the sale
- Enjoy the feeling knowing that the sale of the home is behind you, stress-free!
Of course, you can decide to keep the home if you like. You’ll have to absorb the ongoing costs of repairs and maintenance, property taxes, insurance and utilities. If you’re going to rent it out, then you need to hire a property manager or take on those responsibilities yourself – most people choose not to do so since it ends being a bigger headache than they thought it would be.
If you find yourself inheriting a property in Hawaii, whether it calls for probate or not, then reach out to us for a no-obligation offer. You won’t have to make any repairs, pay any realtors or go through a long closing process. It’s our job to make it easy for you.
Just fill in the form on our homepage at www.oahuhomebuyers.com and we’ll be in touch about the next steps. There’s no obligation at all to sell to us, but at least you’ll know your options.