§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.
Section: Previous 560-3-307 560-3-308 560-3-309 560-3-310 560-3-311 560-3-312-to-560-3-322 560-3-401 560-3-402 560-3-403 560-3-404 560-3-405 560-3-406 560-3-407 560-3-408 560-3-409 NextLast modified: October 27, 2016