§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, 560:3-412, 560:3-1001.
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 (1962).
Structure Hawaii Revised Statutes
501-1 Court; jurisdiction; proceedings; location; rules, practice, etc.
501-2 Judges; assignment of cases.
501-6 Registrar and assistants; appointment, tenure, powers, and duties.
501-7 Registrar; powers, duties.
501-8 Registrar may act in any circuit.
501-9 Assistant registrars; powers.
501-10 Registrar and assistants; oath, accounts, absence.
501-11 Examiners of title; appointment, removal.
501-13 Validity of facsimile signature.
501-21 Registration application; by whom made.
501-22 Filing; memorandum to be recorded.
501-23 Application, form, and contents.
501-23.5 Disposition of fees received at the bureau of conveyances.
501-25 Application may include several parcels.
501-26 Amendments to application.
501-29 Land subject to mortgage or lease.
501-31 Transfers pending application; temporary record; final record.
501-32 Reference to examiner; report; election to proceed.
501-42 Service; return day; further notice.
501-43 Guardian ad litem; compensation.
501-44 Contests not otherwise represented; duty of attorney general; res adjudicata when.
501-45 Answer intervention; surveyor to be heard when.
501-51 Reference to other judges or to master; maps, reference; subdivision; costs; etc.
501-53 Dismissal; effect; withdrawal, conditions.
501-64 Enforcement of decrees; bailiff.
501-71 Decree of registration; conditional when; quieting title, exceptions; reopened when.
501-72 Types of nonabsolute title.
501-73 Removing clouds on title.
501-75 Transcription of decree in registry; certificate of title.
501-81 Legal incidents of registered land.
501-82 Tenure of holder of certificate of title.
501-83 Certificate effective from transcription.
501-83.5 Outstanding owner's duplicate certificates.
501-84 Certificates, when two or more owners.
501-85 Substitution, one certificate for several, several for one; subdivisions, maps.
501-86 Registration runs with land.
501-87 No adverse possession or prescription.
501-88 Certificate as evidence.
501-89 Indexes, record books, etc.
501-101 Voluntary dealing with registered lands.
501-101.5 Agreements of sale; priority.
501-102 Filing liens, etc., notice.
501-103 Conveyances of less than fee simple.
501-104 Reference of doubtful questions.
501-105 Grantee's address, etc., to be stated.
501-106 Entry of new certificate.
501-107 Entry record; duplicates and certified copies.
501-108 Conveyance of fee; procedure.
501-109 Portion of registered fee.
501-110 Statement of encumbrances.
501-116 Mortgage registration necessary.
501-121 Leases; registration required.
501-131 Transfer in trust; procedure.
501-132 Powers to be noted on certificate; construction for court.
501-134 Trusts, implied or constructive.
501-135 Application by trustee.
501-136 Attachment and other liens; filing or recording of.
501-138 Discharge or modification of liens to be recorded.
501-139 Assistant registrar as official recorder.
501-140 Indorsement of and notices to plaintiff's attorney.
501-141 Court orders to be recorded.
501-144 New certificate after enforcement of lien; tax sale.
501-151 Pending actions, judgments; recording of, notice.
501-152 Certificate of judgment for defendant.
501-153 Certificate of judgment for plaintiff.
501-154 Writ of possession, service, time limit for registration.
501-155 Judgment directing conveyance.
501-157 Reregistration of mortgage or lease after partition.
501-158 Notice of bankruptcy proceedings.
501-166 Eminent domain; recording procedure.
501-167 New certificate upon reverter of land.
501-171 Registration upon transfer by descent and devise.
501-172 License to sell or mortgage, not affected.
501-173 Purchaser acquiring title through personal representative may have the same registered.
501-174 Power of attorney; registration necessary.
501-186 Registration of adverse claims; notice; hearing; costs.
501-196 Alterations upon registration book prohibited when; court hearings; limitations.
501-201 Service of notice after registration; how made; effect.
501-211 Fees required for protection against loss or damage.
501-212 Actions for compensation for fraud, mistake, etc.
501-213 Action, parties defendant.
501-214 Judgments, how satisfied.
501-215 Subrogation in favor of State.
501-216 State, not liable when.
501-217 Limitation of actions.
501-218 Schedule of fees; authority to amend.
501-219 Sale of land court maps.
501-231 Family child care homes; permitted use in residential areas.
501-232 Prohibition of transfer fees.
501-241 Leasehold time share interests.
501-242 Status of leasehold time share interest as real property.
501-243 Dual recording involving leasehold time share interests.
501-244 Assignment of leasehold time share interest.
501-245 Reference to recorded instruments pertaining to leasehold time share interests.
501-246 Legal incidents of a leasehold time share interest.
501-247 Voluntary dealing with a leasehold time share interest.
501-248 Jurisdiction for matters pertaining to leasehold time share interests.
501-261 Deregistration of fee time share interests.
501-261.5 Deregistration of registered land other than fee time share interests.
501-262 Effect of deregistration.
501-263 Effect of deregistration in specific cases.
501-264 Chain of title of deregistered land.
501-265 Status of fee time share interest and other interest in deregistered land as real property.
501-266 Dual recording involving deregistered land.
501-267 Reference to prior recorded instrument.
501-268 Legal incidents of deregistered land.
501-269 Jurisdiction for matters pertaining to deregistered land.