reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-104 Claims against decedent; necessity of administration.

§560:3-104
Claims against decedent; necessity of administration.
No proceeding to enforce a claim against the estate of a decedent or the decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 560:3-1004 or from a former personal representative individually liable as provided in section 560:3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce the creditor's right to the creditor's security except as to any deficiency judgment which might be sought therein. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-105 Proceedings affecting devolution and administration; jurisdiction of subject matter.

§560:3-105
Proceedings affecting devolution and administration; jurisdiction of subject matter.
Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article. The court has exclusive jurisdiction of formal proceedings to determine how decedents' estates, subject to the laws of this State, are to be administered, expended, and distributed. The court has concurrent jurisdiction of any other action or proceeding concerning a succession or to which an estate, through a personal representative, may be a party, including actions to determine title to property alleged to belong to the estate, and of any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-106 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.

§560:3-106
Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.
In proceedings within the exclusive jurisdiction of the court where notice is required by this chapter or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this State by notice in conformity with section 560:1-401. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-107 Scope of proceedings; proceedings independent; exception.

§560:3-107
Scope of proceedings; proceedings independent; exception.
Unless supervised administration as described in article III, part 5, is involved:
(1) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate;
(2) Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order;
(3) Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(4) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-109 Statutes of limitation on decedent's cause of action.

§560:3-109
Statutes of limitation on decedent's cause of action.
No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of the decedent's death, shall apply to bar a cause of action surviving the decedent's death sooner than four months after death. A cause of action which, but for this section, would have been barred less than four months after death, is barred after four months unless tolled. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-201 Venue for first and subsequent estate proceedings; location of property.

§560:3-201 Venue for first and subsequent estate proceedings; location of property.
(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(1) In the judicial circuit where the decedent had the decedent's domicile at the time of the decedent's death; or
(2) If the decedent was not domiciled in this State, in any judicial circuit where property of the decedent was located at the time of the decedent's death.
(b) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 560:1-303 or subsection (c).
(c) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(d) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state.

§560:3-202
Appointment or testacy proceedings; conflicting claim of domicile in another state.
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this State, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this State must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this State. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-204 Demand for notice of order or filing concerning decedent's estate.

§560:3-204
Demand for notice of order or filing concerning decedent's estate.
Any person desiring notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest, may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of the person's interest in the estate, and the demandant's address or that of the demandant's attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 560:1-401 to the demandant or the demandant's attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of the demandant's interest in the estate. [L 1996, c 288, pt of §1]
Rules of Court
Demand for notice, see HPR rule 88.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-302 Informal probate; duty of registrar; effect of informal probate.

§560:3-302
Informal probate; duty of registrar; effect of informal probate.
(a) Upon receipt of an application requesting informal probate of a will filed by a corporate fiduciary, by a parent, spouse, or reciprocal beneficiary of the decedent, or by a descendant of a parent of the decedent, the registrar, upon making the findings required by section 560:3-303, shall issue a written statement of informal probate appointing a personal representative subject to qualification and acceptance, if at least one hundred twenty hours have elapsed since the decedent's death.
(b) Upon receipt of an application requesting informal probate of a will filed by someone other than as enumerated in subsection (a), the registrar shall set a date which shall be the earliest by which the registrar will decide the application. On or after such date, upon making the findings required by section 560:3-303, the registrar shall issue a written statement of informal probate appointing a personal representative subject to qualification and acceptance if at least fourteen days have passed after the last mailing or other delivery of the advance notice required by section 560:3-306, if proof that such notice has been given is filed with the registrar and if no petition for formal testacy proceedings has been filed.
(c) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void. [L 1996, c 288, pt of §1; am L 1997, c 244, §4 and c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-303 Informal probate; proof and findings required.

§560:3-303
Informal probate; proof and findings required.
(a) In an informal proceeding for original probate of a will, the registrar shall determine whether:
(1) The application is complete;
(2) The applicant has made an oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;
(3) The applicant appears from the application to be an interested person as defined in section 560:1-201;
(4) On the basis of the statements in the application, venue is proper;
(5) An original, duly executed and apparently unrevoked will is in the registrar's possession;
(6) Any notice required by sections 560:3-204 and 560:3-306 has been given and that the application is not within section 560:3-304; and
(7) It appears from the application that the time limit for original probate has not expired.
(b) The application shall be denied if it indicates that a personal representative has been appointed in another judicial circuit of this State or except as provided in subsection (d), if it appears that this or another will of the decedent has been the subject of a previous probate order.
(c) A will that appears to have the required signatures and contains an attestation clause showing that requirements of execution under section 560:2-502, 560:2-503, or 560:2-506 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or the registrar may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, regardless of whether the person was a witness to the will.
(d) Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
(e) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under subsection (a) may be probated in this State upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
(f) A will that has been filed, deposited, or lodged in another jurisdiction, but not probated, may be probated in this State upon receipt by the registrar of a duly authenticated copy of the will or a copy of the will and a statement from its legal custodian that the copy filed is a full, true, and correct copy of the original. [L 1996, c 288, pt of §1; am L 2023, c 158, §36]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-304 Informal probate; unavailable in certain cases.

§560:3-304
Informal probate; unavailable in certain cases.
Applications for informal probate which relate to one or more of a known series of testamentary instruments (other than a will and one or more codicils thereto), the latest of which does not expressly revoke the earlier, shall be declined. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-305 Informal probate; registrar not satisfied.

§560:3-305 Informal probate; registrar not satisfied.
If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 560:3-303 and 560:3-304 or any other reason, the registrar may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-306 Informal probate; notice requirements.

§560:3-306
Informal probate; notice requirements.
(a) The moving party must give notice as described by section 560:1-401 of the party's application for informal probate to any person demanding it pursuant to section 560:3-204 and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.
(b) In addition, for any application for informal probate under section 560:3-302(b), the moving party shall mail an advance notice to the heirs and devisees informing them of the party's application. The advance notice shall include the name and address of the applicant, the name and location of the court in which the application has been filed for informal probate, a copy of the application, a copy of any will and codicil being submitted for probate, and the date on or after which the registrar will act on the application. The advance notice shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant.
(c) If an informal probate is granted, within thirty days thereafter the applicant shall give written information of the probate to the heirs and devisees. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate and, if not already delivered with any advance notice, a copy of the application, a copy of any will and codicil submitted for probate, and notice that attorney fees incurred on behalf of the estate will be reviewed by the probate court only if an interested person requests such a review. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. No duty to give information is incurred if a personal representative is appointed who is required to give the written information required by section 560:3-705. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate. L 1996, c 288, pt of §1; am L 1997, c 244, §5
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 › 560:3-307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.

§560:3-307
Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 560:3-614, if at least one hundred twenty hours have elapsed since the decedent's death, and after the registrar has made the findings required by section 560:3-308, the registrar shall appoint the applicant subject to qualification and acceptance; provided that if the decedent was a non-resident, the registrar shall delay the appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that the decedent's estate be subject to the laws of this State.
(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 560:3-608 to 560:3-612, but is not subject to retroactive vacation. [L 1996, c 288, pt of §1; am L 1997, c 244, §6]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-308 Informal appointment proceedings; proof and findings required.

§560:3-308
Informal appointment proceedings; proof and findings required.
(a) In informal appointment proceedings, the registrar must determine whether:
(1) The application for informal appointment of a personal representative is complete;
(2) The applicant has made an oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;
(3) The applicant appears from the application to be an interested person as defined in section 560:1-201;
(4) On the basis of the statements in the application, venue is proper;
(5) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(6) Any notice required by section 560:3-204 has been given; and
(7) From the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.
(b) Unless section 560:3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 560:3-610(c) has been appointed in this or another judicial circuit of this State, that (unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee) the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-309 Informal appointment proceedings; registrar not satisfied.

§560:3-309 Informal appointment proceedings; registrar not satisfied.
If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 560:3-307 and 560:3-308, or for any other reason, the registrar may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-310 Informal appointment proceedings; notice requirements.

§560:3-310
Informal appointment proceedings; notice requirements.
The moving party must give notice as described by section 560:1-401 of the moving party's intention to seek an appointment informally:
(1) To any person demanding it pursuant to section 560:3-204; and
(2) To any person having a prior or equal right to appointment not waived in writing and filed with the court.
No other notice of an informal appointment proceeding is required. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-311 Informal appointment unavailable in certain cases.

§560:3-311
Informal appointment unavailable in certain cases.
If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this State, and which is not filed for probate in this court, the registrar shall decline the application. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-401 Formal testacy proceedings; nature; when commenced.

§560:3-401 Formal testacy proceedings; nature; when commenced.
(a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 560:3-402(a) in which the person requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 560:3-402(b) for an order that the decedent died intestate.
(b) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(c) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
(d) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising the personal representative's power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of the personal representative's office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-402 Formal testacy or appointment proceedings; petition; contents.

§560:3-402
Formal testacy or appointment proceedings; petition; contents.
(a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will:
(1) Requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
(2) Contains the statements required for informal applications as stated in the six subparagraphs under section 560:3-301(a)(1), the statements required by subparagraphs (B) and (C) of section 560:3-301(a)(2); and
(3) States whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.
If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.
(b) A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by section 560:3-301(a)(1) and (4) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by section 560:3-301(a)(4)(B) may be omitted. L 1996, c 288, pt of §1; am L 1997, c 244, §7
Rules of Court
Pleadings, see Hawaii Probate Rules, part A(II); HPR rules 17, 50.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-403 Formal testacy proceedings; notice of hearing on petition.

§560:3-403
Formal testacy proceedings; notice of hearing on petition.
(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 560:1-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under section 560:3-204. The notice shall include the name and address of the applicant, the name and location of the court hearing the petition, and the date of the hearing.
(b) Notice shall be given to the following persons: the surviving spouse or reciprocal beneficiary, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the judicial circuit or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
(c) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered or certified mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:
(1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(2) By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; or
(3) By engaging the services of an investigator.
The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration. L 1996, c 288, pt of §1; am L 1997, c 383, §19
Rules of Court
Notice, see Hawaii Probate Rules, part A(III); HPR rule 51.
Determination of death, see Hawaii Probate Rules, part F.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-404 Formal testacy proceedings; written objections to probate.

§560:3-404
Formal testacy proceedings; written objections to probate.
Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the party's pleadings the party's objections to probate of the will. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-405 Formal testacy proceedings; uncontested cases; hearings and proof.

§560:3-405
Formal testacy proceedings; uncontested cases; hearings and proof.
If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 560:3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses.

§560:3-406
Formal testacy proceedings; contested cases; testimony of attesting witnesses.
In a contested case hearing in which the proper execution of a will is at issue, the following rules shall apply:
(1) If the will is self-proved pursuant to section 560:2-504, the will shall be deemed to satisfy the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgement and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit; and
(2) If the will is witnessed pursuant to section 560:2-502(a)(3), but not self-proved, the testimony of at least one of the attesting witnesses shall be required to establish proper execution if within this State, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses shall raise a rebuttable presumption that the events received in the clause occurred. [L 1996, c 288, pt of §1; am L 2023, c 158, §37]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-407 Formal testacy proceedings; burdens in contested cases.

§560:3-407
Formal testacy proceedings; burdens in contested cases.
In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Unless the burden of proof is changed by other provisions of law, parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.

§560:3-408
Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this State if it includes, or is based upon, a finding that the decedent was domiciled at the decedent's death in the state where the order was made. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-409 Formal testacy proceedings; order; foreign will.

§560:3-409
Formal testacy proceedings; order; foreign will.
After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 560:3-108, it shall determine the decedent's domicile at death, the decedent's heirs and the decedent's state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 560:3-612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. L 1996, c 288, pt of §1
Rules of Court
Proof of official record, see HPR rule 15.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-410 Formal testacy proceedings; probate of more than one instrument.

§560:3-410
Formal testacy proceedings; probate of more than one instrument.
If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 560:3-412. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-411 Formal testacy proceedings; partial intestacy.

§560:3-411
Formal testacy proceedings; partial intestacy.
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-413 Formal testacy proceedings; vacation of order for other cause.

§560:3-413
Formal testacy proceedings; vacation of order for other cause.
For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-414 Formal proceedings concerning appointment of personal representative.

§560:3-414
Formal proceedings concerning appointment of personal representative.
(a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 560:3-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 560:3-301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 560:3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 560:3-611. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-501 Supervised administration; nature of proceeding.

§560:3-501 Supervised administration; nature of proceeding.
Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-502 Supervised administration; petition; order.

§560:3-502
Supervised administration; petition; order.
A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate:
(1) If the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration;
(2) If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate; or
(3) In other cases if the court finds that supervised administration is necessary under the circumstances. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-503 Supervised administration; effect on other proceedings.

§560:3-503
Supervised administration; effect on other proceedings.
(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.
(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 560:3-401.
(c) After the personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise the personal representative's power to distribute any estate. The filing of the petition does not affect the personal representative's other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-504 Supervised administration; powers of personal representative.

§560:3-504
Supervised administration; powers of personal representative.
Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this chapter, but the personal representative shall not exercise the personal representative's power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on the personal representative's letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-505 Supervised administration; interim orders; distribution and closing orders.

§560:3-505
Supervised administration; interim orders; distribution and closing orders.
Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 560:3-1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-601 Qualification.

§560:3-601 Qualification.
Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. L 1996, c 288, pt of §1
Rules of Court
Bond, see HPR rule 46.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-602 Acceptance of appointment; consent to jurisdiction.

§560:3-602
Acceptance of appointment; consent to jurisdiction.
By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to the personal representative by ordinary first class mail at the personal representative's address as listed in the application or petition for appointment or as thereafter reported to the court and to the personal representative's address as then known to the petitioner. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-603 Bond not required without court order, exceptions.

§560:3-603
Bond not required without court order, exceptions.
(a) No bond is required of a personal representative appointed in informal proceedings, except:
(1) Upon the appointment of a special administrator where bond has been requested by an interested party and the court is satisfied that it is desirable;
(2) When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or
(3) When bond is required under section 560:3-605.
(b) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary. No bond is required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this State to secure performance of the personal representative's duties. [L 1996, c 288, pt of §1; am L 1997, c 244, §8]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-604 Bond amount; security; procedure; reduction.

§560:3-604
Bond amount; security; procedure; reduction.
If bond is required and the provisions of the will or order do not specify the amount, unless stated in the person's application or petition, the person qualifying shall file a statement under oath with the registrar indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and the person shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in section 560:6-101) in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. [L 1996, c 288, pt of §1]