reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:3-718 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-718 Powers of surviving personal representative.

  §560:3-718 Powers of surviving personal representative. Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those appointed may exercise all the powers incident to the office. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-719 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-719 Compensation of personal representative.

  §560:3-719 Compensation of personal representative. A personal representative is entitled to reasonable compensation for the personal representative's services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the personal representative's right to all or any part of the compensation. A written renunciation of fee may be filed with the court. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-720 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-720 Expenses in estate litigation.

  §560:3-720 Expenses in estate litigation. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not that person is entitled to receive from the estate that person's necessary expenses and disbursements including reasonable attorneys' fees incurred. [L 1996, c 288, pt of §1] Case Notes  A finding of undue influence on the part of the personal representative, who was also the proponent of the rejected will, precludes a finding that he or she defended or prosecuted the will contest in good faith; personal representative's request for attorneys' fees and expenses under this section thus denied. 91 H. 107, 979 P.2d 1133 (1999).
HI Rev Stat § 560:3-721 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

  §560:3-721 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-801 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-801 Notice to creditors.

  §560:3-801 Notice to creditors. (a) Unless notice has already been given under this section, a person applying or petitioning for appointment of a personal representative or probate of a will or declaration of an intestacy may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the judicial circuit in which the application or petition is filed announcing the person's application or petition and the name and address of the person nominated as personal representative, if any, and notifying creditors of the estate to present their claims no later than four months after the date of the first publication of the notice or be forever barred. The notice may be combined with any published notice of the pendency of the probate proceedings.  (b) After appointment the personal representative may give written notice by mail or other delivery to each known creditor, notifying the creditor to present that creditor's claim within four months after the published notice, if given as provided in subsection (a), or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection (a) above or a similar notice.  (c) The personal representative shall undertake reasonable review of the decedent's records to ascertain the decedent's creditors.  (d) The personal representative is not liable to a creditor or to a successor of the decedent for giving or failing to give notice under this section.  (e) If a person other than the original nominee is appointed personal representative, the original nominee or any other person receiving claims shall promptly deliver all claims to the person who is appointed. Failure to deliver by the original nominee shall render the original nominee liable for any damages suffered by the claimants.  (f) The trustee or successor trustee of any trust created by the decedent may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the judicial circuit in which either:  (1) The decedent was domiciled; or  (2) An application or petition for appointment of personal representative is filed announcing the trustee's name and address, and notifying creditors of the decedent to present their claims to the trustee within four months after the date of the first publication of the notice or be forever barred. The notice may be combined with the published notice of the pendency of any probate or appointment proceedings. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-802 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-802 Statutes of limitations.

  §560:3-802 Statutes of limitations. (a) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent's death may be allowed or paid.  (b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for four months after the decedent's death, but resumes thereafter as to claims not barred by other sections.  (c) For purposes of a statute of limitations, the presentation of a claim pursuant to section 560:3-804 is equivalent to commencement of a proceeding on the claim. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-803 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-803 Limitations on presentation of claims.

  §560:3-803 Limitations on presentation of claims. (a) All claims against either a decedent or a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or non-claim statute, are barred against the estate, the personal representative, the decedent's trustee and the heirs and devisees of the decedent, unless presented within the earlier of the following:  (1) No later than:  (A) Four months after the date of the first publication of notice to creditors if notice is given in compliance with section 560:3-801(a); or  (B) Sixty days after the mailing or other delivery of written notice, as provided in section 560:3-801(b); whichever period (A) or (B) expires later; or  (2) Within eighteen months after the decedent's death, if notice to creditors has not been published as provided in section 560:3-801(a) or delivered as provided in section 560:3-801(b).  (b) A claim described in subsection (a) which is barred by the non-claim statute of the decedent's domicile before the giving of notice to creditors in this State is barred in this State.  (c) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, the decedent's trustee, and the heirs and devisees of the decedent, unless presented as follows:  (1) A claim based on a contract with the personal representative or trustee, within four months after performance by the personal representative or trustee is due; or  (2) Any other claim, within the later of four months after it arises, or the time specified in subsection (a)(2).  (d) Nothing in this section affects or prevents:  (1) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;  (2) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative or the decedent's trustee for which the personal representative or the trustee is protected by liability insurance; or  (3) Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or trustee or by the attorney or accountant for the personal representative of the estate or the decedent's trustee. [L 1996, c 288, pt of §1; am L 1997, c 244, §10]
HI Rev Stat § 560:3-804 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-804 Manner of presentation of claims.

  §560:3-804 Manner of presentation of claims. Claims against a decedent's estate may be presented as follows:  (1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made;  (2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of the claimant's claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent's death;  (3) If a claim is presented under [paragraph] (1), no proceeding thereon may be commenced more than sixty days after the personal representative has [mailed] a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty-day period, or to avoid injustice the court, on petition, may order an extension of the sixty-day period, but in no event shall the extension run beyond the applicable statute of limitations. L 1996, c 288, pt of §1 Rules of Court  Presenting claims, see HPR rule 63.
HI Rev Stat § 560:3-805 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-805 Classification of claims.

  §560:3-805 Classification of claims. (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:  (1) Costs and expenses of administration;  (2) Reasonable funeral expenses including any claim by the department of human services pursuant to section 346-15;  (3) Debts and taxes with preference under federal law;  (4) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent and any claim by the department of human services pursuant to section 346-37 for expenses of the last illness of the decedent;  (5) Debts and taxes with preference under other laws of this State;  (6) Any other claim against the estate pursuant to section 346-37; and  (7) All other claims.  (b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. [L 1996, c 288, pt of §1; am L 2000, c 102, §2]
HI Rev Stat § 560:3-807 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-807 Payment of claims.

  §560:3-807 Payment of claims. (a) Upon the expiration of the earlier of the time limitations provided in section 560:3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.  (b) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:  (1) Payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or  (2) Payment was made, due to negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of priority. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-808 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-808 Individual liability of personal representative.

  §560:3-808 Individual liability of personal representative. (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative's capacity and identify the estate in the contract.  (b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.  (c) Claims based on contracts entered into by a personal representative in the personal representative's fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable therefor.  (d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-809 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-809 Secured claims.

  §560:3-809 Secured claims. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security; otherwise payment is upon the basis of one of the following:  (1) If the creditor exhausts the creditor's security before receiving payment, unless precluded by other law upon the amount of the claim allowed less the fair value of the security; or  (2) If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-810 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-810 Claims not due and contingent or unliquidated claims.

  §560:3-810 Claims not due and contingent or unliquidated claims. (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.  (b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:  (1) If the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account; and  (2) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise. [L 1996, c 288, pt of §1] Rules of Court  Closing estates, arrangements, see HPR rule 64.
HI Rev Stat § 560:3-811 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-811 Counterclaims.

  §560:3-811 Counterclaims. In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-812 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-812 Execution and levies prohibited.

  §560:3-812 Execution and levies prohibited. No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding. [L 1996, c 288, pt of §1] Case Notes  This section prohibits courts from ordering garnishment of an estate's funds to satisfy a judgment against the decedent or the personal representative of the estate that is in probate. 136 H. 365 (App.), 361 P.3d 1268 (2015).
HI Rev Stat § 560:3-813 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-813 Compromise of claims.

  §560:3-813 Compromise of claims. When a claim against the estate has been presented in any manner, the personal representative, if it appears for the best interest of the estate, may compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-814 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-814 Encumbered assets.

  §560:3-814 Encumbered assets. If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of the creditor's lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-815 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-815 Administration in more than one state; duty of personal representative.

  §560:3-815 Administration in more than one state; duty of personal representative. (a) All assets of estates being administered in this State are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.  (b) If the estate either in this State or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of that claimant's claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this State, the creditor so benefitted is to receive dividends from local assets only upon the balance of the creditor's claim after deducting the amount of the benefit.  (c) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this State is not the state of the decedent's last domicile, the claims allowed in this State shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this State the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this State is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this State from assets in other jurisdictions. [L 1996, c 288, pt of §1]