reglab/statecodes huggingface dataset:
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1302 Definitions.

§560:3-1302 Definitions.
In this part:
"Apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned, reduced by:
(1) Any claim or expense allowable as a deduction for purposes of the tax;
(2) The value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or is otherwise deductible or exempt; and
(3) Any amount added to the decedent's gross estate because of a gift tax on transfers made before death.
"Estate tax" means a federal, state, or foreign tax imposed because of the death of an individual and any interest and penalties associated with the tax. "Estate tax" does not include an inheritance tax, income tax, or generation-skipping transfer tax incurred on a direct skip taking effect at death.
"Gross estate" means, with respect to an estate tax, all interests in property subject to the tax.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Ratable" or "ratably" means apportioned or allocated pro rata, according to the relative values of interests to which the term is applied.
"Time-limited interest" means an interest in property that terminates on a lapse of time or on the occurrence or nonoccurrence of an event or that is subject to the exercise of discretion that could transfer a beneficial interest to another person. "Time-limited interest" does not include a cotenancy unless the cotenancy itself is a time-limited interest.
"Value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1304 Statutory appointment of estate taxes.

§560:3-1304 Statutory appointment of estate taxes.
To the extent that apportionment of an estate tax is not controlled by an instrument described in section 560:3-1303, and except as otherwise provided in sections 560:3-1306 and 560:3-1307, the following rules shall apply:
(1) Subject to paragraphs (2), (3), and (4), the estate tax shall be apportioned ratably to each person that has an interest in the apportionable estate;
(2) A generation-skipping transfer tax incurred on a direct skip taking effect at death shall be charged to the person to which the interest in property is transferred;
(3) If property is included in the decedent's gross estate because of section 2044 of the Internal Revenue Code of 1986, as amended, or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent's gross estate shall be apportioned ratably among the holders of interest in the property. The balance of the tax, if any, shall be apportioned ratably to each other person having an interest in the apportionable estate; and
(4) Except as otherwise provided in section 560:3-1303(b)(4) and except as to property to which section 560:3-1307 applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest shall be apportioned, without further apportionment, to the principal of that property. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1305 Credits and referrals.

§560:3-1305 Credits and referrals.
Except as otherwise provided in sections 560:3-1306 and 560:3-1307, the following rules shall apply to credits and deferrals of estate taxes:
(1) A credit resulting from the payment of gift taxes, or from estate taxes paid on property previously taxed, shall inure ratably to the benefit of all persons to which the estate tax is apportioned;
(2) A credit for state or foreign estate taxes shall inure ratably to the benefit of all persons to which the estate tax is apportioned; provided that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, shall inure to the benefit of the beneficiary; and
(3) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral shall inure ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge shall be allocated ratably among the persons receiving an interest in the property. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1306 Insulated property; advancement of tax.

§560:3-1306 Insulated property; advancement of tax.
(a) In this section:
"Advanced fraction" means a fraction that has as its numerator the amount of the advanced tax and as its denominator the value of the interests in insulated property to which that tax is attributable.
"Advanced tax" means the aggregate amount of estate tax attributable to interests in insulated property that is required to be advanced by uninsulated holders under subsection (c).
"Insulated property" means property subject to a time-limited interest that is included in the apportionable estate but is unavailable for payment of an estate tax because of impossibility or impracticability.
"Uninsulated holder" means a person who has an interest in uninsulated property.
"Uninsulated property" means property included in the apportionable estate other than insulated property.
(b) If an estate tax is to be advanced pursuant to subsection (c) by persons holding interests in uninsulated property subject to a time-limited interest other than property to which section 560:3-1307 applies, the tax shall be advanced, without further apportionment, from the principal of the uninsulated property.
(c) Subject to section 560:3-1309(b) and (d), an estate tax attributable to interests in insulated property shall be advanced ratably by uninsulated holders. If the value of an interest in uninsulated property is less than the amount of estate taxes otherwise required to be advanced by the holder of that interest, the deficiency shall be advanced ratably by the persons holding interests in properties that are excluded from the apportionable estate under paragraph (2) of the definition of "apportionable estate" in section 560:3-1302 as if those interests were in uninsulated property.
(d) A court having jurisdiction to determine the apportionment of an estate tax may require a beneficiary of an interest in insulated property to pay all or part of the estate tax otherwise apportioned to the interest if the court finds that it would be substantially more equitable for that beneficiary to bear the tax liability personally than for that part of the tax to be advanced by uninsulated holders.
(e) When a distribution of insulated property is made, each uninsulated holder may recover from the distributee a ratable portion of the advanced fraction of the property distributed. To the extent that undistributed insulated property ceases to be insulated, each uninsulated holder may recover from the property a ratable portion of the advanced fraction of the total undistributed property.
(f) Upon a distribution of insulated property for which, pursuant to subsection (d), the distributee becomes obligated to make a payment to uninsulated holders, a court may award an uninsulated holder a recordable lien on the distributee's property to secure the distributee's obligation to that uninsulated holder. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1307 Apportionment and recapture of special elective benefits.

§560:3-1307 Apportionment and recapture of special elective benefits.
(a) In this section:
"Special elective benefit" means a reduction in an estate tax obtained by an election for:
(1) A reduced valuation of specified property that is included in the gross estate;
(2) A deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or
(3) An exclusion from the gross estate of specified property.
"Specified property" means property for which an election has been made for a special elective benefit.
(b) If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax shall be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made shall be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction shall reduce ratably the estate tax apportioned to other persons that receive interests in the apportionable estate.
(c) An additional estate tax imposed to recapture all or part of a special elective benefit shall be charged to the persons that are liable for the additional tax under the law providing for the recapture. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1308 Securing payment of estate tax from property in possession of fiduciary.

§560:3-1308 Securing payment of estate tax from property in possession of fiduciary.
(a) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made.
(b) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee.
(c) As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1309 Collection of estate tax by fiduciary.

§560:3-1309 Collection of estate tax by fiduciary.
(a) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person.
(b) Except as otherwise provided in section 560:3-1306, any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority:
(1) Any person having an interest in the apportionable estate that is not exonerated from the tax;
(2) Any other person having an interest in the apportionable estate; and
(3) Any person having an interest in the gross estate.
(c) A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative.
(d) The total tax collected from a person pursuant to this part may not exceed the value of the person's interest. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1310 Right of reimbursement.

§560:3-1310 Right of reimbursement.
(a) A person required under section 560:3-1309 to pay an estate tax greater than the amount due from the person under section 560:3-1303 or 560:3-1304 shall have a right to reimbursement from another person to the extent that the other person has not paid the tax required by section 560:3-1303 or 560:3-1304 and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected under section 560:3-1309(b).
(b) A fiduciary may enforce the right of reimbursement under subsection (a) on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if requested by the person. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1311 Action to determine or enforce part.

§560:3-1311 Action to determine or enforce part.
A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this part. [L 2023, c 158, pt of §5]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-1312 Delayed application.

§560:3-1312 Delayed application.
(a) Sections 560:3-1303 to 560:3-1307 shall not apply to the estate of a decedent who dies on or within three years after July 1, 2023, nor to the estate of a decedent who dies more than three years after July 1, 2023, if the decedent continuously lacked testamentary capacity from the expiration of the three-year period until the date of death.
(b) For the estate of a decedent who dies on or after July 1, 2023, to which sections 560:3-1303 to 560:3-1307 do not apply, estate taxes shall be apportioned pursuant to the law in effect immediately before July 1, 2023. [L 2023, c 158, pt of §5]
Revision Note
"July 1, 2023" or "July 1, 2023," respectively, substituted for "the effective date of this part" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-101 to 560:4-401 REPEALED. §560:4-101 Definitions.

§ §560:4-101 to 560:4-401 REPEALED.
L 1996, c 288, pt of §6.
ARTICLE IV
FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION
Cross References
Effect and transition of L 1996, c 288 amendments, see §560:8-201.
PART 1. DEFINITIONS
§560:4-101 Definitions.
In this article:
"Local administration" means administration by a personal representative appointed in this State pursuant to appointment proceedings described in article III.
"Local personal representative" includes any personal representative appointed in this State pursuant to appointment proceedings described in article III and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 560:4-205.
"Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate of a nonresident decedent. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

§560:4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating:
(1) The date of the death of the nonresident decedent;
(2) That no local administration, or application or petition therefor, is pending in this State; and
(3) That the domiciliary foreign personal representative is entitled to payment or delivery. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-202 Payment or delivery discharges.

§560:4-202
Payment or delivery discharges.
Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-203 Resident creditor notice.

§560:4-203
Resident creditor notice.
Payment or delivery under section 560:4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-204 Proof of authority-bond.

§560:4-204
Proof of authority-bond.
If no local administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with a court in this State in a judicial circuit in which property belonging to the decedent is located, authenticated copies of the representative's appointment and of any official bond the representative has given. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-205 Powers.

§560:4-205
Powers.
A domiciliary foreign personal representative who has complied with section 560:4-204 may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any:
(1) Limitations on the personal representative's powers in the domiciliary proceeding; and
(2) Conditions imposed upon nonresident parties generally. [L 1996, c 288, pt of §1; am L 2023, c 158, §45]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-206 Power of representatives in transition.

§560:4-206
Power of representatives in transition.
The power of a domiciliary foreign personal representative under section 560:4-201 or 560:4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 560:4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for that person in any action or proceedings in this State. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-207 Ancillary and other local administrations; provisions governing.

§560:4-207 Ancillary and other local administrations; provisions governing.
In respect to a nonresident decedent, the provisions of article III of this chapter govern:
(1) Proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and
(2) The status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-301 Jurisdiction by act of foreign personal representative.

§560:4-301 Jurisdiction by act of foreign personal representative.
A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by:
(1) Filing authenticated copies of the foreign personal representative's appointment as provided in section 560:4-204;
(2) Receiving payment of money or taking delivery of personal property under section 560:4-201; or
(3) Doing any act as a personal representative in this State which would have given the State jurisdiction over that foreign personal representative as an individual.
Jurisdiction under paragraph (2) is limited to the money or value of personal property collected. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-302 Jurisdiction by act of decedent.

§560:4-302
Jurisdiction by act of decedent.
In addition to jurisdiction conferred by section 560:4-301, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that the decedent was subject to jurisdiction immediately prior to death. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-303 Service on foreign personal representative.

§560:4-303
Service on foreign personal representative.
(a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to the foreign personal representative's last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or the decedent immediately prior to death.
(b) If service is made upon a foreign personal representative as provided in subsection (a), the foreign personal representative shall be allowed at least thirty days within which to appear or respond. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:4-401 Effect of adjudication for or against personal representative.

§560:4-401
Effect of adjudication for or against personal representative.
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-101 to 560:5-105 REPEALED. §560:5-101 Short title.

Note
Article heading amended by L 2004, c 161, §24.
Cross References
Effect of L 2004, c 161 amendments, see §560:8-301.
PART 1. [OLD] GENERAL PROVISIONS--REPEALED
§ §560:5-101 to 560:5-105 REPEALED.
L 2004, c 161, §37.
PART 1. GENERAL PROVISIONS
§560:5-101 Short title.
Parts 1 through 4 of this article may be cited as the Uniform Guardianship and Protective Proceedings Act. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-102 Definitions.

§560:5-102 Definitions.
In parts 1 through 4 of this article:
"Conservator" means a person who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator.
"Court" means either a circuit court in this State having jurisdiction in matters relating to the affairs of decedents or the family court, depending on which court has subject matter jurisdiction under section 560:5-106.
"Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent, spouse, reciprocal beneficiary, or by the court. The term includes a limited, emergency, and temporary substitute guardian but not a guardian ad litem.
"Incapacitated person" means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
"Kokua kanawai" means an individual appointed by a court who has the role and authority granted under rule 113 of the Hawaii probate rules.
"Legal representative" includes an attorney, a representative payee, a guardian or conservator acting for a respondent in this State or elsewhere, a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary, and an agent designated under a power of attorney, whether for health care or property, in which the respondent is identified as the principal.
"Minor" means an unemancipated individual who has not attained eighteen years of age.
"Parent" means a parent whose parental rights have not been terminated.
"Protected person" means a minor or other individual for whom a conservator has been appointed or other protective order has been made.
"Respondent" means an individual for whom the appointment of a guardian or conservator or other protective order is sought.
"Ward" means an individual for whom a guardian has been appointed. [L 2004, c 161, pt of §1]
Case Notes
Where judge, at the time judge entered the family court orders purporting to void the estate documents, was a district judge appointed under §571-8, not a circuit judge sitting by designation in family court under §571-4, the judge lacked original jurisdiction over guardianships of the property under this section as it stood prior to the 1996 amendments to the Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-104 Facility of transfer

§560:5-104 Facility of transfer
. (a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding $10,000 a year, by transferring it to:
(1) A person who has the care and custody of the minor and with whom the minor resides;
(2) A guardian of the minor;
(3) A custodian under chapter 553A, the Uniform Transfers To Minors Act or custodial trustee under chapter 554B, the Uniform Custodial Trust Act; or
(4) A federally-insured financial institution as a deposit in an interest-bearing account or certificate in the sole name of the minor and giving notice of the deposit to the minor.
(b) A person who transfers money or property in compliance with this section is not responsible for its proper application.
(c) A guardian or other person who receives money or property for a minor under subsection (a)(1) or (2) shall only apply it to the support, care, education, health, and welfare of the minor, and may not derive a personal financial benefit except for reimbursement for necessary expenses. Any excess shall be preserved for the future support, care, education, health, and welfare of the minor, and any balance shall be transferred to the minor upon emancipation or attaining majority. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-105 Delegation of power by parent or guardian.

§560:5-105 Delegation of power by parent or guardian.
A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, which time limit shall be expressly stated in the document, any power regarding the care, custody, or property of the minor or ward, except the power to consent to marriage or adoption. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-106 Subject matter jurisdiction.

§560:5-106 Subject matter jurisdiction.
This article applies to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this State, protective proceedings for individuals domiciled in or having property located in this State, and property coming into the control of a guardian or conservator who is subject to the laws of this State.
(1) Circuit court jurisdiction. The circuit court shall have concurrent jurisdiction over guardianships and related proceedings concerning incapacitated adults. The circuit court shall not have jurisdiction over guardianships and related proceedings concerning minors. The circuit court shall have exclusive jurisdiction over conservatorship proceedings and those proceedings under part 4 of this article, for both adults and minors;
(2) Family court jurisdiction. The family court shall have exclusive jurisdiction over guardianships and related proceedings concerning minors and concurrent jurisdiction over guardianship and related proceedings concerning incapacitated adults. The family court shall have exclusive jurisdiction over guardianship proceedings concerning minors, regardless of whether the proceeding is based upon the minor's age or the minor's status as an incapacitated person; and
(3) Consolidation of proceedings regarding same person. Where protective and guardianship proceedings relating to the same person have been initiated, they may be consolidated in the court as the court in the exercise of its discretion shall determine. [L 2004, c 161, pt of §1]
Cross References
Effect of L 2004, c 161 amendments, see §560:8-301.
Case Notes
Family court had subject matter jurisdiction to issue temporary restraining order under paragraphs (2) and (3) and § §571-8.5 and 560:1-302(b), where resolution of ward's capacity was required to be resolved, and an apparent threat of ward's removal from the court's jurisdiction was alleged. 113 H. 211, 151 P.3d 692 (2007).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-107 Transfer of jurisdiction.

§560:5-107 Transfer of jurisdiction.
(a) After the appointment of a guardian or conservator or entry of any other protective order, the court making the appointment or entering the order may transfer the proceeding to a court in another circuit in this State or to another state if the court is satisfied that a transfer will serve the best interest of the ward or protected person.
(b) If a guardianship or protective proceeding is pending in another state or a foreign country and a petition for guardianship or protective proceeding is filed in a court in this State, the court in this State shall notify the original court and, after consultation with the original court, assume or decline jurisdiction, whichever is in the best interest of the ward or protected person.
(c) A guardian, conservator, or like fiduciary appointed in another state may petition the court for appointment as a guardian or conservator in this State if venue in this State is or will be established. The appointment may be made upon proof of appointment in the other state and presentation of a certified copy of the portion of the court record in the other state specified by the court in this State. Notice of hearing on the petition, together with a copy of the petition, shall be given to the ward or protected person, if the ward or protected person has attained fourteen years of age, and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or conservator under this article were applicable. The court shall make the appointment in this State unless it concludes that the appointment would not be in the best interest of the ward or protected person. Upon the filing of an acceptance of office and any required bond, the court shall issue appropriate letters of guardianship or conservatorship. Within fourteen days after an appointment, the guardian or conservator shall send or deliver a copy of the order of appointment to the ward or protected person, if the ward or protected person has attained fourteen years of age, and to all persons given notice of the hearing on the petition. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-108 Venue.

§560:5-108 Venue.
(a) Venue for a guardianship proceeding for a minor is in the circuit of this State in which the minor resides or is present at the time the proceeding is commenced.
(b) Venue for a guardianship proceeding for an incapacitated person:
(1) Is in the circuit
of this State in which the respondent resides; or
(2) If the respondent has been admitted to an institution by order of a court of competent jurisdiction, is in the circuit in which the court is located.
Venue for the appointment of an emergency or a temporary substitute guardian of an incapacitated person is also in the circuit in which the respondent is present.
(c) Venue for a protective proceeding is in the circuit of this State in which the respondent resides, whether or not a guardian has been appointed in another place or, if the respondent does not reside in this State, in any circuit of this State in which property of the respondent is located.
(d) If a proceeding under this article is brought in more than one circuit in this State, the court of the circuit in which the proceeding is first brought shall have the exclusive right to proceed unless that court determines that venue is properly in another court or that the interests of justice otherwise require that the proceeding be transferred. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-109 Practice in court.

§560:5-109 Practice in court.
(a) Except as otherwise provided in this article:
(1) Guardianship proceedings under this article pending in the family court are governed by the Hawaii family court rules including the rules concerning appellate review; and
(2) Guardianship and protective proceedings under this article pending in the court are governed by the Hawaii probate rules, including rules concerning appellate review.
(b) If guardianship and protective proceedings as to the same individual are commenced or pending in the same circuit, the proceedings may be consolidated. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-110 Letters of office.

§560:5-110 Letters of office.
Upon the guardian's filing of an acceptance of office,
the court
shall issue appropriate letters of guardianship. Upon the conservator's filing of an acceptance of office and any required bond, the court shall issue appropriate letters of conservatorship. Letters of guardianship shall indicate whether the guardian was appointed by the court, a parent, or the spouse or reciprocal beneficiary. Any limitation on the powers of a guardian or conservator or of the assets subject to a conservatorship shall be endorsed on the guardian's or conservator's letters. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-111 Effect of acceptance of appointment.

§560:5-111 Effect of acceptance of appointment.
By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding to the guardian or conservator at the guardian's or conservator's address shown in the court records and at any other address then known to the petitioner. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-112 Termination of or change in guardian's or conservator's appointment.

§560:5-112 Termination of or change in guardian's or conservator's appointment.
(a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the applicable court. An appointment by a parent, spouse, or reciprocal beneficiary as guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination of the appointment of a guardian or conservator does not affect the liability of either for previous acts or the obligation to account for money and other assets of the ward or protected person.
(b) A ward, protected person, person interested in the welfare of a ward or protected person, or governmental agency may petition for removal of a guardian or conservator on the ground that removal would be in the best interest of the ward or protected person or for other good cause. A guardian or conservator may petition for permission to resign. A petition for removal or permission to resign may include a request for appointment of a successor guardian or conservator.
(c) The court may appoint an additional guardian or conservator at any time, to serve immediately or upon some other designated event, and may appoint a successor guardian or conservator in the event of a vacancy or make the appointment in contemplation of a vacancy, to serve if a vacancy occurs. An additional or successor guardian or conservator may file an acceptance of appointment at any time after the appointment, but not later than thirty days after the occurrence of the vacancy or other designated event. The additional or successor guardian or conservator becomes eligible to act on the occurrence of the vacancy or designated event, or the filing of the acceptance of appointment, whichever last occurs. A successor guardian or conservator succeeds to the predecessor's powers, and a successor conservator succeeds to the predecessor's title to the protected person's assets.
(d) Notwithstanding section 560:1-401, the court, without a hearing, may remove or accept the resignation of a guardian and appoint the public guardian under chapter 551A as a temporary or successor guardian upon the filing of a petition with notice by regular mail to the last known address of those persons entitled to notice in section 560:5-309 and upon such instructions as the court deems necessary. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-113 Notice.

§560:5-113 Notice.
(a) Except as otherwise ordered or waived by the court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements are otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be notified. Notice shall be given in compliance with section 560:1-401, at least fourteen days before the hearing.
(b) Proof of notice shall be made before or at the hearing and filed in the proceeding. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-114 Waiver of notice.

§560:5-114 Waiver of notice.
A person may waive notice, in writing, signed by the person or the person's attorney and filed in the proceeding. However, a respondent, ward, or protected person may not waive notice. [L 2004, c 161, pt of §1]