Other ways to avoid probate is transferring a property to a new owner with a transfer on death deed or holding it in a trust, which will be explained below.Īs of JHawaii passed the Uniform Real Property Transfers on Death Act which allows real estate to go to a beneficiary when the owner dies, without having to go to court for probate. On the other hand, if the property is held tenants in common, between two joint owners, if one owner dies, their interest does not automatically go to the surviving joint owner, it triggers probate. If a property is held jointly between two people, either joint tenants (with rights of survivorship) or tenants by the entirety, if one owner dies, the surviving owner becomes the 100% owner by rights of survivorship.
There are three common ways to hold property jointly between two people in the State of Hawaii: joint tenants (with rights of survivorship), tenants by the entirety, or tenants in common. Real property is one of the assets that triggers probate (even if the person who passed away has a will). Simply put, probate is a judicial process, on the State-level, that attempts to ensure that a deceased person’s property ends up in the right hands. Probate has a bad reputation for being a slow, cumbersome, and expensive process to go through, when you're already dealing with the loss of a loved one, so most people try to avoid it. HOW DO YOU AVOID GOING THROUGH PROBATE AFTER A PROPERTY OWNER DIES? When one person owns 100% of the property. Multiple people who own the same property (they can own any percentage) and they can control where their property interest goes upon death in their will or trust.
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