AUTHORIZATION TO OFFER REAL PROPERTY FOR SALE

A personal representative shall petition the court for authorization to offer for sale real property belonging to the estate if such a petition is required by the deceased's will or is demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding. If all the beneficiaries, devisees or heirs who would otherwise be entitled to take the property absent a sale join in a petition for authorization to sell, then such authorization may be granted on an ex parte basis. If all such beneficiaries do not join in the petition, the court shall set the petition for hearing with notice to all beneficiaries who would otherwise be entitled to take the property absent a sale. COMMENTARY: HRS § 531-28.5 no longer requires a personal representative to obtain authority to offer real property for sale if the decedent's will is silent as to such authority. But the personal representative must petition the court for such authority if required by the will or demanded by a devisee in a testate probate proceeding or by an heir in an intestate probate proceeding. This rule clarifies that such authority can be granted on an ex parte basis if all interested persons join in the petition for authorization. This rule does not eliminate the need for a confirmation of any sale if required under HRS § 531-29. (Amended November 12, 1997, effective December 15, 1997; further amended June 25, 2003, effective July 1, 2003.)