HRS §560:3-709
Personal representative's duty to take control of the estate
The person in charge of a deceased person's estate must take control of the deceased's property, unless the will says otherwise. They can leave some property with the person who will inherit it, but must manage, protect, and pay taxes on the estate. They can also sue to get property back or settle ownership questions.
heirspersonal representatives
The statute, as written — Duty of personal representative; possession of estate
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
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