reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:3-1003 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1003 Closing estates; by sworn statement of personal representative.

  §560:3-1003 Closing estates; by sworn statement of personal representative. (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than six months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representatives or a previous personal representative, has:  (1) Determined that the time limited for presentation of creditors' claims has expired;  (2) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims that were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or state in detail other arrangements that have been made to accommodate outstanding liabilities; and  (3) Sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected thereby.  (b) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1004 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1004 Liability of distributees to claimants.

  §560:3-1004 Liability of distributees to claimants. After assets of an estate have been distributed and subject to section 560:3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of that person's distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon that distributee by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against that distributee loses the right of contribution against other distributees. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1005 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1005 Limitations on proceedings against personal representative.

  §560:3-1005 Limitations on proceedings against personal representative. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1006 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1006 Limitations on actions and proceedings against distributees.

  §560:3-1006 Limitations on actions and proceedings against distributees. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from any distributee is forever barred at the later of three years after the decedent's death or one year after the time of its distribution thereof, but all claims of creditors of the decedent, are barred as set forth in section 560:3-803. This section does not bar an action to recover property or value received as a result of fraud. [L 1996, c 288, pt of §1; am L 1997, c 244, §12]
HI Rev Stat § 560:3-1007 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1007 Certificate discharging liens securing fiduciary performance.

  §560:3-1007 Certificate discharging liens securing fiduciary performance. After the appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1008 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1008 Subsequent administration.

  §560:3-1008 Subsequent administration. If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this chapter apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. L 1996, c 288, pt of §1 Rules of Court  Newly discovered assets, see HPR rule 86.
HI Rev Stat § 560:3-1101 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1101 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.

  §560:3-1101 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1102 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1102 Procedure for securing court approval of compromise.

  §560:3-1102 Procedure for securing court approval of compromise. The procedure for securing court approval of a compromise is as follows:  (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained;  (2) Any interested person, including the personal representative, if any, or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives;  (3) After notice to all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries subject to its jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1201 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1201 Collection of personal property by affidavit.

  §560:3-1201 Collection of personal property by affidavit. (a) Any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing the debt, obligation, stock, chose in action, or other intangible personal property to a person or persons claimed to be the successor or successors of the decedent or to the department of human services where the department has a claim against the estate pursuant to section 346-15 or 346-37, upon being presented a death certificate for the decedent and an affidavit made by or on behalf of the claimed successor or successors or the department of human services stating that:  (1) The gross value of the decedent's estate in this State does not exceed $100,000; except that any motor vehicles registered in the decedent's name may be transferred regardless of value pursuant to this section;  (2) No application or petition for the appointment of a personal representative is pending or has been granted in this State; and  (3) (A) The claimed successor or successors are entitled to the property and explaining the relationship of the claimed successor or successors to the decedent; or  (B) The department of human services has a claim against the estate pursuant to section 346-15 or 346-37. The affidavit of the department of human services shall have priority over any other claim presented pursuant to this section.  (b) Upon presentation of an affidavit meeting the requirements of subsection (a), any person having legal authority to issue a certificate or other evidence of ownership of tangible personal property or a debt, obligation, stock, chose in action, or other intangible personal property belonging to the decedent shall change the registered ownership of the decedent's interest in the property from the decedent to the decedent's claimed successor or successors and shall issue a certificate or other document evidencing the ownership of the property by the decedent's claimed successor or successors. [L 1996, c 288, pt of §1; am L 2000, c 48, §6 and c 102, §3]
HI Rev Stat § 560:3-1202 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1202 Effect of affidavit.

  §560:3-1202 Effect of affidavit. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if that person dealt with a personal representative of the decedent. That person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1203 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1203 Small estates; summary administration procedure.

  §560:3-1203 Small estates; summary administration procedure. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 560:3-1204. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1204 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1204 Small estates; closing by sworn statement of personal representative.

  §560:3-1204 Small estates; closing by sworn statement of personal representative. (a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 560:3-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:  (1) To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent;  (2) The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and  (3) The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration to the distributees whose interests are affected.  (b) If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.  (c) A closing statement filed under this section has the same effect as one filed under section 560:3-1003. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1205 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1205 Estates of $100,000 or less; clerk of court to administer.

  §560:3-1205 Estates of $100,000 or less; clerk of court to administer. If a person dies leaving property in this State of a total value not exceeding $100,000, and a personal representative of the estate has not been appointed in the State, the clerk of the court of the judicial circuit in which the decedent was residing or domiciled at the time of the decedent's death or left property may, upon the verified petition of the clerk or of any interested person, obtain an order authorizing the clerk to administer the estate, and, as the personal representative, the clerk shall collect and receive the property and administer the same. The order may be made without notice or hearing, at the discretion of the court. Except as otherwise specifically required or authorized by law or where the clerk may be interested as an heir, or devisee, no clerk of any court shall act as personal representative of any estate where the value of the same is in excess of $100,000. No fees shall be allowed the clerk, except as set forth in section 560:3-1211. [L 1996, c 288, pt of §1; am L 2000, c 48, §7]
HI Rev Stat § 560:3-1206 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1206 Publication by clerk of appointment as personal representative; notice to creditors, heirs, etc.

  §560:3-1206 Publication by clerk of appointment as personal representative; notice to creditors, heirs, etc. (a) If the estate has a total value of $10,000 or less, upon such appointment the clerk shall publish the fact by posting a notice thereof at the front entrance of the court house of the judicial circuit and by advertising the notice in the English language at least once in a newspaper of general circulation in the judicial circuit, the notice to state briefly that all creditors of the deceased must file with the clerk duly verified claims within sixty days from the date of publication, and that all persons claiming to be heirs of the estate are requested to file with the clerk notice of such claims within the period. The court may direct that the advertising of the notice in a newspaper need not be made if it deems the same unnecessary.  (b) If the estate has a total value in excess of $10,000, the content and method of giving notice, both of the pendency of the action and of all other acts for which notice is required, shall be as provided for informal probates in article III, part 3. L 1996, c 288, pt of §1 Rules of Court  Notice, see Hawaii Probate Rules, part A(III); HPR rule 51.
HI Rev Stat § 560:3-1207 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1207 Presentation of claims of creditors.

  §560:3-1207 Presentation of claims of creditors. All creditors of the decedent shall present their claims, duly verified under oath, to the clerk within the time specified in the notice. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1208 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1208 Claims barred when.

  §560:3-1208 Claims barred when. All claims of creditors not filed within the prescribed period from the date of the first publication are forever barred. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1209 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1209 Duties of clerk and distribution.

  §560:3-1209 Duties of clerk and distribution. The clerk shall make diligent effort to ascertain the names and whereabouts of the heirs, or the whereabouts of the devisees of the decedent and present evidence relating thereto to the court having jurisdiction of the proceedings. After the expiration of four months, in the case of an estate valued in excess of $10,000, or sixty days, in the case of an estate valued at $10,000 or less, after the first publication, the clerk shall pay or distribute the money, funds, or property of the estate in the order specified in section 560:3-805, including any allowances and exempt property under part 4 of article II authorized by the court, and the excess, if any, to or among such persons as may be found by the court to be persons entitled thereto as distributees. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-1210 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1210 Undistributed proceeds or balances, disposition.

  §560:3-1210 Undistributed proceeds or balances, disposition. When any balance remains in the hands of the clerk, after payment in the order specified in section 560:3-805, and if no heirs or devisees of the decedent entitled to the balance can be located after reasonable search and inquiry, the clerk, after the expiration of one year after the first publication, shall report the fact to the court. The court shall forthwith enter an order forwarding the property to the state director of finance, and the clerk thereupon shall immediately deposit the money or funds, or any balance, with the director for disposition as provided in chapter 523A. The director at any time may authorize the payment out of the unclaimed property trust fund under section 523A-26 any amount so forwarded to any person who establishes to the satisfaction of the director that the person is legally entitled thereto as an heir or devisee of the decedent, and the person shall be entitled to receive the amount thereof out of any moneys in the treasury not otherwise appropriated, upon warrant drawn by the state comptroller. [L 1996, c 288, pt of §1; am L 2012, c 229, §3]
HI Rev Stat § 560:3-1211 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1211 Exemption from costs.

  §560:3-1211 Exemption from costs. All proceedings under this part shall be free from all costs of court, except that the clerk may charge the actual expenses for advertising the notice specified in section 560:3-1206, the advertising, posting, or service fees required in carrying out any order of the court, including orders relating to the sale of real or personal property, and any expenses reasonably necessary for the preservation, disposal, distribution, and administration of the estate, together with a fee of three per cent of the market value of the first $100,000 in the gross estate, the fee to be paid into the treasury of the State as a government realization from any available assets of the estate; provided that if the administration is completed by another personal representative on account of the size of the estate or for any other reason, no fee shall be charged by the clerk. [L 1996, c 288, pt of §1; am L 2000, c 48, §8]
HI Rev Stat § 560:3-1213 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1213 Reserved.

  §560:3-1213 Reserved.
HI Rev Stat § 560:3-1214 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1214 Annual audit of accounts of clerk.

  §560:3-1214 Annual audit of accounts of clerk. Any other law to the contrary notwithstanding, the comptroller of the State shall audit not less frequently than annually the accounts and transactions of the clerks of the courts in their official capacity as conservators or as personal representatives of small estates, and report the results of the audit to the judges of the respective courts. [L 1996, c 288, pt of §1; am L 2004, c 161, §27]
HI Rev Stat § 560:3-1215 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-1215 Prohibition on the private practice of law by attorneys for small estates.

  §560:3-1215 Prohibition on the private practice of law by attorneys for small estates. No person who, pursuant to sections 560:3-1205 to 560:3-1214, or any of them, performs any services as or for the clerk of the first circuit court, for which the person is compensated from public funds, shall engage in the private practice of law, provided that the person shall be entitled to accept fees or other compensation in connection with masterships. [L 1996, c 288, pt of §1]