PRE-EXISTING SALES CONTRACTS; CHANGES

The personal representative may perform the deceased's contracts to sell or convey real property without an order of the court. However, when the terms of a contract are changed after the deceased's death, and the changes have a significant effect on what the deceased's estate will receive, the personal representative must first seek court approval. COMMENTARY: HRS § 535-1 permits the specific performance of a deceased's real estate contracts. This rule is intended to save time and money by allowing the personal representative to complete any real property transfer without the need for litigation or court approval. However, a substantialnegative alteration of the terms of the contract would be considered a new post-death sale, subject to court confirmation procedures .