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HRS §560:2-607

Inherited property stays mortgaged unless the will says otherwise

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.

beneficiariesheirspersonal representatives

The statute, as written — Nonexoneration

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.