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Transfer deed from deceased parent, probate closed in CA but found out he was 1/6 owner of real property in HI?

Monterey, CA |

Probate closed last year in California, I was executor and sole beneficiary of will. Recently found out that Dad owned 1/6 of real property in Hawaii. How do I get his deed transferred to my name without re-opening probate in California and opening probate in Hawaii?

Attorney Answers 4


  1. If your father owned the 1/6th interest as a "tenant in common", then you will need to open an ancillary probate in Hawaii. Please contact an experienced probate lawyer on the island where the property is located to assist you with this matter. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  2. Unfortunately it is likely you will have to open probate in HI. Probate in HI is very different that in CA. You might want to ask this question in HI (instead of CA) and perhaps you will find some assistance from someone from Avvo. In any event I think you will find it much less painful than the probate in CA.


  3. Real estate is probated where it is located-so you will need to have an ancillary probate proceeding established in Hawaii.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  4. Call Brandon Ito
    http://www.avvo.com/attorneys/96815-hi-brandon-ito-4244941.html

    He recently helped me with a matter in Hawaii.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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