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HRS §560:2-607

Inherited property stays mortgaged unless the will says otherwise

Read the official text at capitol.hawaii.gov ↗

If you inherit a specific piece of property that has a mortgage, you get it with the mortgage still on it. The estate does not have to pay off the mortgage just because the will says to pay debts in general.

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The statute, as written — Nonexoneration

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.