§501-171 - Registration upon transfer by descent and devise. - Hawaii Statutes

DESCENT AND DEVISE

 

     §501-171  Registration upon transfer by descent and devise.  (a)  When the owner of registered land, or of any estate or interest therein, dies, having devised the same by will, the person or persons entitled thereto shall file or record with the assistant registrar of the land court a correct statement of the full names of the devisees, the residence or post office address of each and their marital status and a reference to the number of the certificate of title of the land affected, a certified copy of the letters appointing the personal representative showing the powers of the personal representative, or a certified copy of an acknowledgment of authority, and either a certified copy of an order of the circuit court determining the persons entitled to distribution of the registered land and directing or approving distribution or a deed from the personal representative to the devisee or devisees, and thereupon the assistant registrar shall cancel the certificate issued to the testator, and, except as provided in part II, enter a new certificate to the devisee or devisees.  When the owner of registered land or of any estate or interest therein dies, not having devised the same, the persons entitled thereto by law shall file or record with the assistant registrar a correct statement of the full names of the heirs, the residence or post office address of each, and their marital status, a certified copy of the letters appointing the personal representative showing the powers of the personal representative, or a certified copy of an acknowledgment of authority, and either a certified copy of an order of the circuit court in probate proceedings determining the persons entitled to distribution of the registered land and directing or approving distribution or a deed from the personal representative to the heir or heirs, and thereupon the assistant registrar shall cancel the certificate issued to the intestate, and, except as provided in part II, enter a new certificate to the heir or heirs entitled thereto.

     (b)  No voluntary instrument or deed of a personal representative, assignee for the benefit of creditors, sheriff, master, commissioner, or other officer purporting to transfer or create a lien or charge upon any estate or interest of any devisee or heir in registered land or to authorize the same to be done, shall have any effect to accomplish that purpose until the title of the heir or devisee is registered as herein provided.  An involuntary lien, charge, or lis pendens against the interest of a relict, heir, or devisee in the lands of a deceased registered owner, prior to the registration of the title of such relict, heir, or devisee, only can be obtained by filing or recording the proper papers with the assistant registrar as in other cases, and the assistant registrar making entry thereof as a memorial on the registered certificate of title of the deceased owner, giving the name and residence or post office address of the relict, heir, or devisee against whom the lien, charge, or lis pendens is to operate. [L 1903, c 56, §92; am L 1921, c 214, pt of §1; RL 1925, §3281; am L 1927, c 258, §9; RL 1935, §5089; am L 1939, c 108, §1; RL 1945, §12689; RL 1955, §342-89; HRS §501-171; am L 1972, c 91, §1(ii); am L 1976, c 200, pt of §1; am L 1977, c 144, §56; am L 1986, c 246, §22; am L 1987, c 283, §46; am L 1988, c 346, §20; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2000, c 178, §5; am L 2001, c 23, §2; am L 2009, c 120, §10]

 

Cross References

 

  Determination of heirs and devisees, see §§560:3-409, 412, 1001.

 

Rules of Court

 

  Liens, see RLC rule 62(g).

  New certificate of title, see RLC rule 59(i),(j),(k).

 

Case Notes

 

  Cited:  45 H. 521, 536, 371 P.2d 379.