(a) To the extent the transferor‘s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against the subject property transferred at the transferor’s death by a transfer on death deed.
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Terms Used In Hawaii Revised Statutes 527-15

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Probate: Proving a will
  • Property: means an interest in real property located in this State that is transferable on the death of the owner. See Hawaii Revised Statutes 527-2
  • Transferor: means an individual who executes a transfer on death deed. See Hawaii Revised Statutes 527-2
(b) If more than one property is transferred by one or more transfer on death deeds, the liability under subsection (a) shall be apportioned among the subject properties in proportion to their respective net values at the time of the transferor’s death.
(c) A proceeding to enforce liability under this section shall be commenced not later than eighteen months after the transferor’s death.

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