Haw. Prob. R. 65 (2026)

Rule 65. P R E - E X I S T I N G S A L E S 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 c o u r t a p p r o v a l . H o w e v e r , a substantialnegativealterationof theterms of the contract would be considered a new post-death sale, subject to court confirmation procedures.