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.