DoIhave to probate a life estate?

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DoIhave to probate a life estate?

My dad passed away. He had life estate in property; I have remainder interest. Do I have to probate the transfer or just file a death certificate?

Asked on October 18, 2011 under Estate Planning, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, estate planning that includes a life estate is meant to do so to avoid probate by having the property pass upon death to the remainderman.  A life estate can be created in many different ways and you should speak with an attorney in Hawaii as to local laws on the matter.  If a new deed was executed indicating the life estate and then listing you as the remainder man then I would think you would want to file another deed listing you as the out right owner or the property.  You would do that in the county clerks office and not file anything with the probate court.  Good luck to you.


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