Rule 89 Termination of Possession of Real Property

If an estate owns real property and it's no longer needed to finish settling the estate, the person handling the estate can ask the court to give up possession of that property and hand it over to the people who are supposed to inherit it. This can be done through an ex parte request, which means it can be approved without a court hearing where all sides show up.

To make this request, the petition has to say clearly that the property isn't needed for anything else related to closing out the estate. It also has to include written agreement (called a joinder) from every beneficiary who has a right to that property, whether that right comes from the deceased person's will or from Hawaiʻi's inheritance laws if there was no will. Getting everyone's sign off up front helps the court move things along faster, since all the people who would inherit the property already agree on what should happen to it.