reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:3-612 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-612 Termination of appointment; change of testacy status.

  §560:3-612 Termination of appointment; change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in section 560:3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-613 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-613 Successor personal representative.

  §560:3-613 Successor personal representative. Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if the appointment had not been terminated. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-614 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-614 Special administrator; appointment.

  §560:3-614 Special administrator; appointment. A special administrator may be appointed:  (1) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 560:3-609; and  (2) In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice. L 1996, c 288, pt of §1 Rules of Court  Special administration, see HPR rule 56. Case Notes  Circuit court properly denied appellant's petition for appointment as special administrator where appellant was not an "interested person", as defined in §560:1-201, who could petition the court under this section; appellant had no familial relationship to decedent's family, did not have a property right or claim against decedent's estate, and did not have priority under §560:3-203 to be appointed as personal representative of decedent's estate. 88 H. 148, 963 P.2d 1124 (1998).
HI Rev Stat § 560:3-615 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-615 Special administrator; who may be appointed.

  §560:3-615 Special administrator; who may be appointed. (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified.  (b) In other cases, any proper person may be appointed special administrator. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-616 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-616 Special administrator; appointed informally; powers and duties.

  §560:3-616 Special administrator; appointed informally; powers and duties. A special administrator appointed by the registrar in informal proceedings pursuant to section 560:3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon qualification. The special administrator has the power of a personal representative under this chapter necessary to perform the special administrator's duties. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-617 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-617 Special administrator; formal proceedings; power and duties.

  §560:3-617 Special administrator; formal proceedings; power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-618 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-618 Termination of appointment; special administrator.

  §560:3-618 Termination of appointment; special administrator. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 560:3-608 through 560:3-611. [L 1996, c 288, pt of §1] Rules of Court  Termination of special administration, see HPR rule 57.
HI Rev Stat § 560:3-701 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-701 Time of accrual of duties and powers.

  §560:3-701 Time of accrual of duties and powers. The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to the person's appointment the same effect as those occurring thereafter. Prior to the person's appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-702 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-702 Priority among different letters.

  §560:3-702 Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-703 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-703 General duties; relation and liability to persons interested in estate; standing to sue.

  §560:3-703 General duties; relation and liability to persons interested in estate; standing to sue. (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by sections 554D-804, 554D-806, and 554D-808(c). A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this chapter, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this chapter, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.  (b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse or reciprocal beneficiary, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this chapter.  (c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this State at the decedent's death has the same standing to sue and be sued in the courts of this State and the courts of any other jurisdiction as the decedent had immediately prior to death. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2021, c 32, §6]
HI Rev Stat § 560:3-704 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-704 Personal representative to proceed without court order; exception.

  §560:3-704 Personal representative to proceed without court order; exception. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this chapter, to resolve questions concerning the estate or its administration. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-705 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-705 Duty of personal representative; information to heirs and devisees.

  §560:3-705 Duty of personal representative; information to heirs and devisees. Not later than thirty days after the appointment every personal representative, except any special administrator, shall give information of the personal representative's appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, and describe the court where papers relating to the estate are on file. The information shall state that the estate is being administered by the personal representative under the Hawaii probate code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration. The personal representative's failure to give this information is a breach of duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers, or other duties. A personal representative may inform other persons of appointment by delivery or ordinary first class mail. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-706 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-706 Duty of personal representative; inventory and appraisement.

  §560:3-706 Duty of personal representative; inventory and appraisement. Within three months after the appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.  The personal representative shall send a copy of the inventory to interested persons who request it. The personal representative may also file the original of the inventory with the court. L 1996, c 288, pt of §1 Rules of Court  Inventory, see HPR rules 60, 61.
HI Rev Stat § 560:3-707 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-707 Employment of appraisers.

  §560:3-707 Employment of appraisers. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-708 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-708 Duty of personal representative; supplementary inventory.

  §560:3-708 Duty of personal representative; supplementary inventory. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to interested persons who request it or who requested a copy of the original inventory. L 1996, c 288, pt of §1; am L 2008, c 39, §2 Rules of Court  Inventory, see HPR rules 60, 61.
HI Rev Stat § 560:3-709 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-709 Duty of personal representative; possession of estate.

  §560:3-709 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. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-710 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-710 Power to avoid transfers.

  §560:3-710 Power to avoid transfers. The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against the decedent's creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-711 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-711 Powers of personal representatives; in general.

  §560:3-711 Powers of personal representatives; in general. Until termination of appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court. L 1996, c 288, pt of §1 Rules of Court  Sale of real property, see Hawaii Probate Rules, part B(VI).
HI Rev Stat § 560:3-712 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-712 Improper exercise of power; breach of fiduciary duty.

  §560:3-712 Improper exercise of power; breach of fiduciary duty. If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 560:3-713 and 560:3-714. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-713 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-713 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

  §560:3-713 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse or reciprocal beneficiary, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:  (1) The will or a contract entered into by the decedent expressly authorized the transaction; or  (2) The transaction is approved by the court after notice to interested persons. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
HI Rev Stat § 560:3-714 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-714 Persons dealing with personal representative; protection.

  §560:3-714 Persons dealing with personal representative; protection. A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 560:3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-716 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-716 Powers and duties of successor personal representative.

  §560:3-716 Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor personal representative shall not exercise any power expressly made personal to the executor named in the will. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:3-717 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:3-717 Co-representatives; when joint action required.

  §560:3-717 Co-representatives; when joint action required. If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative. [L 1996, c 288, pt of §1]