Ex Parte Petition For Authority To Sell Real Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Ex Parte Petition For Authority To Sell Real Property is a commonly used form within Hawaii. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Ex Parte Petition For Authority To Sell Real Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Ex Parte Petition For Authority To Sell Real Property:

• This form pertains to the State of Hawaii

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Hawaii’s Form 7-3 - Ex Parte Petition For Authority To Sell Real Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Hawaii form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Hawaii probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 7-3, take a break, and then review. Probate and estate settlement processes in HI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 7-3 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 7-3 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Ex Parte Petition For Authority To Sell Real Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Hawaii.

5 reasons you should submit 7-3 as quickly as possible:

1. The sooner you begin, the faster Hawaii can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Hawaii. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Hawaii is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Hawaii probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Hawaii probate clerk or court for exact answers regarding Form 7-3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Ex Parte Petition For Authority To Sell Real Property is one of the many probate court forms available for download through Atticus.

It may also be available through some Hawaii probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Hawaii.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 7-3 - Ex Parte Petition For Authority To Sell Real Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Hawaii probate court office.

Ex Parte Petition For Authority To Sell Real Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Hawaii-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Hawaii Form 7-3 - Ex Parte Petition For Authority To Sell Real Property. You can use this to get an idea of the context of the form and what type of information is needed.

FORM 7 -3 Name______________________________ Attorney No. ________ Address: _______________________________________________ Phone Number: _________________________________________ __ Attorney for Petitioner __ Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) EX PARTE PETITION FOR ) AUTHORITY TO SELL REAL _____________________________ ) PROPERTY; EXHIBIT A; ORDER ) GRANTING EX PARTE PETITION Deceased. ) FOR AUTHOTIY TO SELL REAL ) PROPERTY; CERTIFICATE OF ____________________________________) SERVICE EX PARTE PETITION FOR AUTHORITY TO SELL REAL PROPERTY COMES NOW, __________________, Personal Representative of the Estate of __________________, deceased, and pursuant to H.R.S. §531-28.5 and Hawaii Probate Rules 23 and 66, states as follows: 1.Petitioner is the duly appointed and acting Personal Representative of the Estate of __________________, pursuant to Order filed herein on ________________. 2.Notice to creditors was __ given by publication __ given by delivery of actual written notice __ The issue of notice to creditor has not been determined. The limitation period for the filing of claims expired on/will expire on _________________. ___ claims have been presented to date. 3.Decedent held at death real property in this state, namely , Hawaii, more particularly identified by tax map key number . 4.It is in the best interest of the estate to sell the property and add the cash proceeds to the assets to be used for the administration of the estate. 5.All beneficiaries of the estate who would otherwise be entitled to possession of the property, ________________________________________________ (names), have consented to the sale of the property and their joinders are attached hereto as Exhibit ___. WHEREFORE, the Personal Representative prays that the Court enter an order authorizing the Personal Representative to sell the real property of the estate either at private sale or public auction, upon such terms as the Personal Representative may deem appropriate, and subject to confirmation by the above-entitled Court if demanded by any heir with an interest in the property or if determined by the Personal Representative to be necessary to complete the sale. PETITIONER UNDERSTANDS THAT THIS DOCUMENT IS DEEMED TO INCLUDE AN OATH, AFFIRMATION, OR STATEMENT TO THE EFFECT THAT (1) ITS REPRESENTATIONS ARE TRUE AS FAR AS PETITIONER KNOWS OR IS INFORMED, (2) IS NOT BEING PRESENTED FOR AN IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION, AND (3) PENALTIES FOR PERJURY MAY FOLLOW DELIBERATE FALSIFICATION. DATED: ________________, Hawaii, ______________________ , _________ . _________________________________________ Petitioner Printed Name: ______________________ Hawaii Probate Rule 5(b) Certification: ______________________________________ Attorney Signature Printed Name: _________________________ Attorney for Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) AFFIDAVIT OF COUNSEL _____________________________ ) ) ) Deceased. ) ) ____________________________________) AFFIDAVIT OF COUNSEL STATE OF HAWAII ) SS. County of _______________ ) ________________________, being first duly sworn, on oath deposes and says: 1.He/She is the attorney for the Petitioner herein. 2.Affiant has reviewed the Ex Parte Petition for Authority to Sell Real Property, and on information and belief, understands the allegations therein to be true. 3.The interested beneficiaries of the estate have joined in the Ex Parte Petition, therefore, notice and hearing appear unnecessary. DATED: _________, Hawaii, . ____________________________________ Attorney Signature Printed Name: ____________________ Subscribed, certified and sworn to before me on ______________, this Affidavit of Counsel dated ________________, consisting of ____ pages. ____________________________ Notary Public, State of Hawaii Printed Name:______________________ My Commission Expires:_____________ Name______________________________ Attorney No. ________ Address: _______________________________________________ Phone Number: _________________________________________ __ Attorney for Petitioner __ Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) ORDER GRANTING EX PARTE ) PETITION FOR AUTHORITY TO ________________________________ ) SELL REAL PROPERTY ) Deceased. ) ) ____________________________________) ORDER GRANTING EX PARTE PETITION FOR AUTHORITY TO SELL REAL PROPERTY The Ex Parte Petition for Authority to Sell Real Property (the Petition) having come before this Court and good cause appearing therefor, The Court finds that: 1.Petitioner is the duly appointed and acting Personal Representative of the above estate; 2.The period for filing of creditors claims has expired/will expire on /The creditor issue of notice to creditor has not been determined. ___ claims have been presented to date. 3.Decedent held at death, real property described in paragraph 3 of said Petition; 4. A need exists to sell said property for the reasons stated in paragraph 4 of said Petition; 5. All of the affected beneficiaries who are the interested persons of the estate joined in the petition; and 6. It is in the best interest of the estate to sell the property. THEREFORE, IT IS HEREBY ORDERED that: A. The Personal Representative is authorized to sell the real property described in paragraph 3 of said Petition; B. The sale may be at private sale or public auction, upon such terms as the Personal Representative may deem appropriate; and C. Such sale shall be subject to confirmation by the above-entitled Court if demanded by any heir with an interest in the property or if determined by the Personal Representative to be necessary to complete the sale. DATED: _____________, Hawaii, _____________________, ___________. ___________________________________ Judge of the Above-Entitled Court P. NO. _______________; ESTATE OF ________________, Deceased. Order Granting Ex Parte Petition for Authority to Sell Real Property Name______________________________ Attorney No. ________ Address: _______________________________________________ Phone Number: _________________________________________ __ Attorney for Petitioner __ Petitioner IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAII THE ESTATE ) P. NO. __________________ ) (Formal) OF ) ) CERTIFICATE OF SERVICE _______________________________ ) ) Deceased. ) ____________________________________) CERTIFICATE OF SERVICE I hereby certify that a file-marked copy of the foregoing will be duly served upon the following by hand delivering or mailing in the United States mail, postage prepaid, on the date filed hereof or as received from the Court, addressed as shown below: _____________________________________________________________________________ ( Name of interested parties/attorneys) DATED: _____________, Hawaii, _____________________, ___________. ______________________________________ Attorney Signature Printed Name: _________________________