Hawaii Revised Statutes 560. Uniform Probate Code

ARTICLE I
GENERAL PROVISIONS, DEFINITIONS, AND
PROBATE JURISDICTION OF COURT

• 560:1-101 Short Title.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS §560:1-101 Short title. This chapter shall...

ARTICLE I OLD
GENERAL PROVISIONS, DEFINITIONS AND
PROBATE JURISDICTION OF COURT

• 560:1-101 to 560:1-403 Repealed.
  L 1996, c 288, pt of §6.
• 560:1-102 Purposes; Rule of Construction.
  (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this...
• 560:1-103 Supplementary General Principles of Law Applicable.
  Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1996, c 288, pt of...
• 560:1-104 Severability.
  If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other...
• 560:1-105 Construction Against Implied Repeal.
  This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly...
• 560:1-106 Effect of Fraud and Evasion.
  Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to...
• 560:1-107 Evidence of Death or Status.
  In addition to the rules of evidence, the following rules relating to a determination of death and status apply: (1) Death occurs when an...
• 560:1-108 Acts by Holder of General Power.
  For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from...

PART 2. DEFINITIONS

• 560:1-201 General Definitions.
  Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires,...

PART 3. SCOPE, JURISDICTION, AND COURTS

• 560:1-301 Territorial Application.
  Except as otherwise provided in this chapter, this chapter applies to: (1) The affairs and estates of decedents, missing persons, and persons to be...
• 560:1-302 Subject Matter Jurisdiction.
  (a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter...
• 560:1-303 Venue; Multiple Proceedings; Transfer.
  (a) Where a proceeding under this chapter could be maintained in more than one place in this State, the court in which the proceeding...
• 560:1-304 Practice in Court.
  Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the Hawai‘i probate rules govern formal and informal proceedings...
• 560:1-305 Records and Certified Copies.
  The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed...
• 560:1-306 Jury Trial.
  (a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted...
• 560:1-307 Registrar; Powers.
  The acts and orders which this chapter specifies as performable by the registrar may be performed either by a judge of the court or...
• 560:1-308 Appeals.
  Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on...
• 560:1-309 Reserved.
• 560:1-310 Oath or Affirmation on Filed Documents.
  Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and...
• 560:1-311 Documents Sealed Upon Filing.
  In any action or proceeding under this chapter in the circuit court having jurisdiction in matters relating to the affairs of decedents, the following...

PART 4. NOTICE, PARTIES, AND REPRESENTATION IN ESTATE
LITIGATION AND OTHER MATTERS

• 560:1-401 Notice; Method and Time of Giving.
  (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause...
• 560:1-402 Notice; Waiver.
  A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's...
• 560:1-403 Pleadings; When Parties Bound by Others; Notice.
  In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (1)...

ARTICLE II OLD
INTESTATE SUCCESSION AND WILLS

• 560:2-101 to 560:2-902 Repealed.
  L 1996, c 288, pt of §6. ARTICLE II INTESTATE SUCCESSION AND WILLS PART 1. INTESTATE SUCCESSION Cross References Applies only to the estates...
• 560:2-102 Share of Spouse or Reciprocal Beneficiary.
  The intestate share of a decedent's surviving spouse or reciprocal beneficiary is: (1) The entire intestate estate if: (A) No descendant or parent of...
• 560:2-103 Share of Heirs Other Than Surviving Spouse or Reciprocal Beneficiary.
  Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102, or the entire intestate estate...
• 560:2-104 Requirement that Heir Survive Decedent for One Hundred Twenty Hours.
  An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead...
• 560:2-105 No Taker.
  If there is no taker under the provisions of this article, the intestate estate passes to the State. [L 1996, c 288, pt of
• 560:2-105.5 Escheat of Kuleana Lands.
  Any provision of law to the contrary notwithstanding, if the owner of an inheritable interest in kuleana land dies intestate, or dies partially intestate...
• 560:2-106 Representation.
  (a) Definitions. In this section: "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or...
• 560:2-107 Kindred of Half Blood.
  Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. [L 1996, c 288, pt...
• 560:2-108 Afterborn Heirs.
  An individual in gestation at a particular time is treated as living at that time if the individual lives one hundred twenty hours or...
• 560:2-109 Advancements.
  (a) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime...
• 560:2-110 Debts to Decedent.
  A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to...
• 560:2-111 Alienage.
  No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been...
• 560:2-112 Dower and Curtesy Abolished.
  The estates of dower and curtesy are abolished. [L 1996, c 288, pt of §1]
• 560:2-113 Individuals Related to Decedent Through Two Lines.
  An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship...
• 560:2-114 Parent and Child Relationship.
  (a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the...

PART 2. ELECTIVE SHARE OF SURVIVING SPOUSE

• 560:2-201 Definitions.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-201 Definitions. In this...
• 560:2-202 Elective Share.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-202 Elective share. (a)...
• 560:2-203 Composition of the Augmented Estate.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-203 Composition of the...
• 560:2-204 Decedent's Net Probate Estate.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-204 Decedent's net probate...
• 560:2-205 Decedent's Nonprobate Transfers to Others.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-205 Decedent's nonprobate transfers...
• 560:2-206 Decedent's Nonprobate Transfers to the Surviving Spouse or Reciprocal Beneficiary.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-206 Decedent's nonprobate transfers...
• 560:2-207 Surviving Spouse's or Reciprocal Beneficiary's Property and Nonprobate Transfers to Others.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-207 Surviving spouse's or...
• 560:2-208 Exclusions, Valuation, and Overlapping Application.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-208 Exclusions, valuation, and...
• 560:2-209 Sources From Which Elective Share Payable.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-209 Sources from which...
• 560:2-210 Personal Liability of Recipients.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-210 Personal liability of...
• 560:2-211 Proceeding for Elective Share; Time Limit.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-211 Proceeding for elective...
• 560:2-212 Right of Election Personal to Surviving Spouse or Reciprocal Beneficiary; Incapacitated Surviving Spouse or Reciprocal Beneficiary.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-212 Right of election...
• 560:2-213 Waiver of Right to Elect and of Other Rights.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-213 Waiver of right...
• 560:2-214 Protection of Payors and Other Third Parties.
  Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-214 Protection of payors...

PART 3. SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

• 560:2-301 Entitlement of Spouse or Reciprocal Beneficiary; Premarital Will.
  (a) If a testator's surviving spouse married the testator, or the testator's reciprocal beneficiary entered into a reciprocal beneficiary relationship with the testator, after...
• 560:2-302 Omitted Children.
  (a) Except as provided in subsection (b), if a testator fails to provide in the testator's will for any of the testator's children born...

PART 4. EXEMPT PROPERTY AND ALLOWANCES

• 560:2-401 Applicable Law.
  This part applies to the estate of a decedent who dies domiciled in this State. Rights to homestead allowance, exempt property, and family allowance...
• 560:2-402 Homestead Allowance.
  A decedent's surviving spouse or reciprocal beneficiary is entitled to a homestead allowance of $15,000. If there is no surviving spouse or reciprocal beneficiary,...
• 560:2-403 Exempt Property.
  In addition to the homestead allowance, the decedent's surviving spouse or reciprocal beneficiary is entitled from the estate to a value, not exceeding $10,000...
• 560:2-404 Family Allowance.
  (a) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse or reciprocal beneficiary and minor children whom the...
• 560:2-405 Source, Determination, and Documentation.
  (a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject...

PART 5. WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS

• 560:2-501 Who May Make Will.
  An individual eighteen or more years of age who is of sound mind may make a will. [L 1996, c 288, pt of §1]
• 560:2-502 Execution; Witnessed Wills; Holographic Wills.
  (a) Except as provided in subsection (b) and in sections 560:2-503, 560:2-506, and 560:2-513, a will must be: (1) In writing; (2) Signed by...
• 560:2-503 Writings Intended As Wills, Etc.
  Although a document or writing added upon a document was not executed in compliance with section 560:2-502, the document or writing is treated as...
• 560:2-504 Self-Proved Will.
  (a) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made...
• 560:2-505 Who May Witness.
  (a) An individual generally competent to be a witness may act as a witness to a will. (b) The signing of a will by...
• 560:2-506 Choice of Law As to Execution.
  A written will is valid if executed in compliance with section 560:2-502 or 560:2-503 or if its execution complies with the law at the...
• 560:2-507 Revocation by Writing or by Act.
  (a) A will or any part thereof is revoked by: (1) Executing a subsequent will that revokes the previous will or part expressly or...
• 560:2-508 Revocation by Change of Circumstances.
  Except as provided in sections 560:2-803 and 560:2-804, a change of circumstances does not revoke a will or any part of it. [L 1996,...
• 560:2-509 Revival of Revoked Will.
  (a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 560:2-507(a)(2), the previous will...
• 560:2-510 Incorporation by Reference.
  A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and...
• 560:2-511 Testamentary Additions to Trusts.
  (a) A will may validly devise property to the trustee of a trust established or to be established: (1) During the testator's lifetime by...
• 560:2-512 Events of Independent Significance.
  A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by...
• 560:2-513 Separate Writing Identifying Devise of Certain Types of Tangible Personal Property.
  Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items...
• 560:2-514 Contracts Concerning Succession.
  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January...
• 560:2-515 Reserved.
• 560:2-516 Duty of Custodian of Will; Liability.
  After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall...
• 560:2-517 Penalty Clause for Contest.
  A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is...

PART 6. RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS

• 560:2-601 Scope.
  In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. [L...
• 560:2-602 Will May Pass All Property and After-Acquired Property.
  A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the...
• 560:2-603 Antilapse; Deceased Devisee; Class Gifts.
  (a) Definitions. In this section: "Alternative devise" means a devise that is expressly created by the will and, under the terms of the will,...
• 560:2-604 Failure of Testamentary Provision.
  (a) Except as provided in section 560:2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the...
• 560:2-605 Increase in Securities; Accessions.
  (a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the...
• 560:2-606 Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, or Insurance; Sale by Conservator or Agent.
  (a) A specific devisee has a right to the specifically devised property in the testator's estate at death and: (1) Any balance of the...
• 560:2-607 Nonexoneration.
  A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive...
• 560:2-608 Exercise of Power of Appointment.
  In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to...
• 560:2-609 Ademption by Satisfaction.
  (a) Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in...

PART 7. RULES OF CONSTRUCTION APPLICABLE TO WILLS
AND OTHER GOVERNING INSTRUMENTS

• 560:2-701 Scope.
  In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument....
• 560:2-702 Requirement of Survival by One Hundred Twenty Hours.
  (a) Requirement of survival by one hundred twenty hours under probate code. For the purposes of this chapter, except as provided in subsection (d),...
• 560:2-703 Choice of Law As to Meaning and Effect of Governing Instrument.
  The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless...
• 560:2-704 Power of Appointment; Meaning of Specific Reference Requirement.
  If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a...
• 560:2-705 Class Gifts Construed to Accord With Intestate Succession.
  (a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and...
• 560:2-706 Life Insurance; Retirement Plan; Transfer-On-death Registration; Deceased Beneficiary.
  (a) Definitions. In this section: "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms...
• 560:2-707 Survivorship With Respect to Future Interests Under Terms of Trust; Substitute Takers.
  (a) Definitions. In this section: "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of...
• 560:2-708 Class Gifts to "Descendants", "Issue", or "Heirs of the Body"; Form of Distribution If None Specified.
  If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is...
• 560:2-709 Representation; Per Capita At Each Generation; Per Stirpes.
  (a) Definitions. In this section: "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is...
• 560:2-710 Worthier-Title Doctrine Abolished.
  The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing...
• 560:2-711 Interest in "Heirs" and Like.
  If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in...

PART 8. GENERAL PROVISIONS
CONCERNING PROBATE AND NONPROBATE TRANSFERS

• 560:2-801 Repealed.
  L 2000, c 43, §3. Cross References Uniform disclaimer of property interests act, see chapter 526.
• 560:2-802 Effect of Divorce, Annulment, Decree of Separation, and Termination of Reciprocal Beneficiary Relationship.
  (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless,...
• 560:2-803 Effect of Homicide on Intestate Succession, Wills, Trusts, Joint Assets, Life Insurance, and Beneficiary Designations.
  (a) Definitions. In this section: "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a...
• 560:2-804 Revocation of Probate and Nonprobate Transfers by Divorce or Termination of Reciprocal Beneficiary Relationship; No Revocation by Other Changes of Circumstances.
  (a) Definitions. In this section: "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a...

PART 9. STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS

• 560:2-901 to 560:2-907 Reserved.
  Statutory rule against perpetuities, see chapter 525. §§560:2-901 to 560:2-907 Reserved.

PART 10. UNIFORM INTERNATIONAL WILLS ACT

• 560:2-1001 to 560:2-1010 Reserved.

ARTICLE III OLD
PROBATE OF WILLS AND ADMINISTRATION

• 560:3-101 to 560:3-1215 Repealed.
  L 1996, c 288, pt of §6. ARTICLE III PROBATE OF WILLS AND ADMINISTRATION Cross References Effect and transition of L 1996, c 288...
• 560:3-102 Necessity of Order of Probate for Will.
  Except as provided in section 560:3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must...
• 560:3-103 Necessity of Appointment for Administration.
  Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent,...
• 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...
• 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...
• 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...
• 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...
• 560:3-108 Probate, Testacy and Appointment Proceedings; Ultimate Time Limit.
  (a) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at...
• 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...

PART 2. VENUE FOR PROBATE AND ADMINISTRATION;
PRIORITY TO ADMINISTER; DEMAND FOR NOTICE

• 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...
• 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...
• 560:3-203 Priority Among Persons Seeking Appointment As Personal Representative.
  (a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (1) The person...
• 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,...

PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

• 560:3-301 Informal Probate or Appointment Proceedings; Application; Contents.
  (a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 560:3-312 to 560:3-322 Reserved.

PART 4. FORMAL TESTACY AND APPOINTMENT PROCEEDINGS

• 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...
• 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...
• 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...
• 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...
• 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...
• 560:3-406 Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses.
  (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one...
• 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...
• 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...
• 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...
• 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...
• 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...
• 560:3-412 Formal Testacy Proceedings; Effect of Order; Vacation.
  Subject to appeal and subject to vacation as provided in this section and in section 560:3-413, a formal testacy order under sections 560:3-409 to...
• 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,...
• 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...

PART 5. SUPERVISED ADMINISTRATION

• 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...
• 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...
• 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....
• 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...
• 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...

PART 6. PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL,
AND TERMINATION OF AUTHORITY

• 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...
• 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...
• 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...
• 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...
• 560:3-605 Demand for Bond by Interested Person.
  Any person apparently having an interest in the estate worth in excess of $1000, or any creditor having a claim in excess of $1000,...
• 560:3-606 Terms and Conditions of Bonds.
  (a) The following requirements and provisions apply to any bond required by this part: (1) Bonds shall name the presiding judge and the judge's...
• 560:3-607 Order Restraining Personal Representative.
  (a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal...
• 560:3-608 Termination of Appointment; General.
  Termination of appointment of a personal representative occurs as indicated in sections 560:3-609 to 560:3-612. Termination ends the right and power pertaining to the...
• 560:3-609 Termination of Appointment; Death or Disability.
  The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates the personal representative's appointment....
• 560:3-610 Termination of Appointment; Voluntary.
  (a) An appointment of a personal representative terminates as provided in section 560:3-1003, one year after the filing of a closing statement. (b) An...
• 560:3-611 Termination of Appointment by Removal; Cause; Procedure.
  (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the...
• 560:3-612 Termination of Appointment; Change of Testacy Status.
  Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under...
• 560:3-613 Successor Personal Representative.
  Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After...
• 560:3-614 Special Administrator; Appointment.
  A special administrator may be appointed: (1) Informally by the registrar on the application of any interested person when necessary to protect the estate...
• 560:3-615 Special Administrator; Who May Be Appointed.
  (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or...
• 560:3-616 Special Administrator; Appointed Informally; Powers and Duties.
  A special administrator appointed by the registrar in informal proceedings pursuant to section 560:3-614(1) has the duty to collect and manage the assets of...
• 560:3-617 Special Administrator; Formal Proceedings; Power and Duties.
  A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited...
• 560:3-618 Termination of Appointment; Special Administrator.
  The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general...

PART 7. DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

• 560:3-701 Time of Accrual of Duties and Powers.
  The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts...
• 560:3-702 Priority Among Different Letters.
  A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If,...
• 560:3-703 General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue.
  (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by section 560:7-302. A personal...
• 560:3-704 Personal Representative to Proceed Without Court Order; Exception.
  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard...
• 560:3-705 Duty of Personal Representative; Information to Heirs and Devisees.
  Not later than thirty days after the appointment every personal representative, except any special administrator, shall give information of the personal representative's appointment to...
• 560:3-706 Duty of Personal Representative; Inventory and Appraisement.
  Within three months after the appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously...
• 560:3-707 Employment of Appraisers.
  The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the...
• 560:3-708 Duty of Personal Representative; Supplementary Inventory.
  If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that...
• 560:3-709 Duty of Personal Representative; Possession of Estate.
  Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's...
• 560:3-710 Power to Avoid Transfers.
  The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is...
• 560:3-711 Powers of Personal Representatives; in General.
  Until termination of appointment a personal representative has the same power over the title to property of the estate that an absolute owner would...
• 560:3-712 Improper Exercise of Power; Breach of Fiduciary Duty.
  If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from...
• 560:3-713 Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.
  Any sale or encumbrance to the personal representative, the personal representative's spouse or reciprocal beneficiary, agent, or attorney, or any corporation or trust in...
• 560:3-714 Persons Dealing With Personal Representative; Protection.
  A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the...
• 560:3-715 Transactions Authorized for Personal Representatives; Exceptions.
  Except as restricted or otherwise provided by the will or by an order in a formal proceeding or by sections 531-28.5 and 531-29, and...
• 560:3-716 Powers and Duties of Successor Personal Representative.
  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate,...
• 560:3-717 Co-Representatives; When Joint Action Required.
  If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected...
• 560:3-718 Powers of Surviving Personal Representative.
  Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after...
• 560:3-719 Compensation of Personal Representative.
  A personal representative is entitled to reasonable compensation for the personal representative's services. If a will provides for compensation of the personal representative and...
• 560:3-720 Expenses in Estate Litigation.
  If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not that person...
• 560:3-721 Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate.
  After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of...

PART 8. CREDITORS' CLAIMS

• 560:3-801 Notice to Creditors.
  (a) Unless notice has already been given under this section, a person applying or petitioning for appointment of a personal representative or probate of...
• 560:3-802 Statutes of Limitations.
  (a) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense...
• 560:3-803 Limitations on Presentation of Claims.
  (a) All claims against either a decedent or a decedent's estate which arose before the death of the decedent, including claims of the State...
• 560:3-804 Manner of Presentation of Claims.
  Claims against a decedent's estate may be presented as follows: (1) The claimant may deliver or mail to the personal representative a written statement...
• 560:3-805 Classification of Claims.
  (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the...
• 560:3-806 Allowance of Claims.
  (a) As to claims presented in the manner described in section 560:3-804 within the time limit prescribed in section 560:3-803, the personal representative may...
• 560:3-807 Payment of Claims.
  (a) Upon the expiration of the earlier of the time limitations provided in section 560:3-803 for the presentation of claims, the personal representative shall...
• 560:3-808 Individual Liability of Personal Representative.
  (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's...
• 560:3-809 Secured Claims.
  Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security; otherwise payment is upon...
• 560:3-810 Claims Not Due and Contingent or Unliquidated Claims.
  (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the...
• 560:3-811 Counterclaims.
  In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an...
• 560:3-812 Execution and Levies Prohibited.
  No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or...
• 560:3-813 Compromise of Claims.
  When a claim against the estate has been presented in any manner, the personal representative, if it appears for the best interest of the...
• 560:3-814 Encumbered Assets.
  If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or...
• 560:3-815 Administration in More Than One State; Duty of Personal Representative.
  (a) All assets of estates being administered in this State are subject to all claims, allowances and charges existing or established against the personal...
• 560:3-816 Final Distribution to Domiciliary Representative.
  The estate of a non-resident decedent being administered by a personal representative appointed in this State, if there is a personal representative of the...

PART 9. SPECIAL PROVISIONS RELATING TO DISTRIBUTION

• 560:3-901 Successors' Rights If No Administration.
  In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or...
• 560:3-902 Distribution; Order in Which Assets Appropriated; Abatement.
  (a) Except as provided in subsection (b) and except as may otherwise be provided in connection with the share of the surviving spouse or...
• 560:3-903 Right of Retainer.
  The amount of a non-contingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset...
• 560:3-904 Interest on General Pecuniary Devise.
  General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a...
• 560:3-905 Penalty Clause for Contest.
  A provision in a will or trust purporting to penalize any interested person for contesting the will or trust or instituting other proceedings relating...
• 560:3-906 Distribution in Kind; Valuation; Method.
  (a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the...
• 560:3-907 Distribution in Kind; Evidence.
  If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to...
• 560:3-908 Distribution; Right or Title of Distributee.
  Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative,...
• 560:3-909 Improper Distribution; Liability of Distributee.
  Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid,...
• 560:3-910 Purchasers From Distributees Protected.
  If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who...
• 560:3-911 Partition for Purpose of Distribution.
  When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the...
• 560:3-912 Private Agreements Among Successors to Decedent Binding on Personal Representative.
  Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which...
• 560:3-913 Distributions to Trustee.
  (a) Before distributing to a trustee, the personal representative may require that the trust be registered if the State in which it is to...
• 560:3-914 Disposition of Unclaimed Assets.
  When any real or personal property remains in the hands of the personal representative or trustee, after payment in the order specified in section...
• 560:3-915 Distribution to Person Under Disability.
  (a) A personal representative may discharge the obligation to distribute to any person under legal disability by distributing in a manner expressly provided in...
• 560:3-916 Apportionment of Estate Taxes.
  (a) For purposes of this section: "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and...

PART 10. CLOSING ESTATES

• 560:3-1001 Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.
  (a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition...
• 560:3-1002 Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy.
  A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order...
• 560:3-1003 Closing Estates; by Sworn Statement of Personal Representative.
  (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an...
• 560:3-1004 Liability of Distributees to Claimants.
  After assets of an estate have been distributed and subject to section 560:3-1006, an undischarged claim not barred may be prosecuted in a proceeding...
• 560:3-1005 Limitations on Proceedings Against Personal Representative.
  Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not...
• 560:3-1006 Limitations on Actions and Proceedings Against Distributees.
  Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim...
• 560:3-1007 Certificate Discharging Liens Securing Fiduciary Performance.
  After the appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application...
• 560:3-1008 Subsequent Administration.
  If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after...

PART 11. COMPROMISE OF CONTROVERSIES

• 560:3-1101 Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons.
  A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the...
• 560:3-1102 Procedure for Securing Court Approval of Compromise.
  The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an...

PART 12. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND
SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES

• 560:3-1201 Collection of Personal Property by Affidavit.
  (a) Any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in...
• 560:3-1202 Effect of Affidavit.
  The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent...
• 560:3-1203 Small Estates; Summary Administration Procedure.
  If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance,...
• 560:3-1204 Small Estates; Closing by Sworn Statement of Personal Representative.
  (a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an...
• 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...
• 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...
• 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...
• 560:3-1208 Claims Barred When.
  All claims of creditors not filed within the prescribed period from the date of the first publication are forever barred. [L 1996, c 288,...
• 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...
• 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...
• 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...
• 560:3-1212 Estates of Persons Leaving No Known Relatives.
  Every coroner or medical examiner who is called to investigate the death of any person leaving no known spouse or reciprocal beneficiary, issue, parent,...
• 560:3-1213 Reserved.
• 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...
• 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...

ARTICLE IV OLD
FOREIGN PERSONAL REPRESENTATIVES;
ANCILLARY ADMINISTRATION

• 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...

PART 2. POWERS OF FOREIGN PERSONAL REPRESENTATIVES

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

PART 3. JURISDICTION OVER FOREIGN REPRESENTATIVES

• 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)...
• 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...
• 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...

PART 4. JUDGMENTS AND 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...

ARTICLE V
GUARDIANSHIP AND PROTECTIVE PROCEEDINGS

• 560:5-101 Short Title.
  Article heading amended by L 2004, c 161, §24. Cross References Effect of L 2004, c 161 amendments, see §560:8-301. PART 1. GENERAL PROVISIONS...

ARTICLE V OLD
PROTECTION OF PERSONS UNDER DISABILITY AND
THEIR PROPERTY--REPEALED
PART 1. OLD GENERAL PROVISIONS--REPEALED

• 560:5-101 to 560:5-105 Repealed.
  L 2004, c 161, §37.
• 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...
• 560:5-103 Reserved.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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,...
• 560:5-115 Guardian Ad Litem.
  At any stage of a proceeding, the court or the family court may appoint a guardian ad litem if the court or the family...
• 560:5-116 Request for Notice; Interested Persons.
  An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a...
• 560:5-117 Multiple Appointments or Nominations.
  If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls....

PART 2. GUARDIANSHIP OF MINOR

• 560:5-201 Appointment and Status of Guardian.
  Consent for Testing and Treatment of Minors in Hawaii. 13 HBJ, no. 13, at 165 (2009). §560:5-201 Appointment and status of guardian. A person...

PART 2. OLD GUARDIANS OF THE PERSON OF MINORS--REPEALED

• 560:5-201 to 560:5-212 Repealed.
  L 2004, c 161, §37.
• 560:5-202 Parental Appointment of Guardian.
  (a) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have...
• 560:5-203 Objection by Minor or Others to Parental Appointment.
  Until the court has confirmed an appointee under section 560:5-202, a minor who is the subject of an appointment by a parent and who...
• 560:5-204 Judicial Appointment of Guardian; Conditions for Appointment.
  (a) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (b) The court may appoint...
• 560:5-205 Judicial Appointment of Guardian; Procedure.
  (a) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the...
• 560:5-206 Judicial Appointment of Guardian; Priority of Minor's Nominee; Limited Guardianship.
  (a) The court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The court shall appoint...
• 560:5-207 Duties of Guardian.
  (a) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the...
• 560:5-208 Powers of Guardian.
  (a) Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support,...
• 560:5-209 Rights and Immunities of Guardian.
  (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board,...
• 560:5-210 Termination of Guardianship; Other Proceedings After Appointment.
  (a) A guardianship of a minor terminates upon the minor's death, adoption, emancipation or attainment of majority, or as ordered by the court. (b)...

PART 3. GUARDIANSHIP OF INCAPACITATED PERSON

• 560:5-301 Appointment and Status of Guardian.
  A person becomes a guardian of an incapacitated person by an appointment by a parent, spouse, or reciprocal beneficiary or upon appointment by the...

PART 3. OLD GUARDIANS OF THE PERSON OF
INCAPACITATED PERSONS--REPEALED

• 560:5-301 to 560:5-313 Repealed.
  L 2004, c 161, §37.
• 560:5-302 Appointment of Guardian by Will or Other Writing.
  (a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated...
• 560:5-303 Appointment of Guardian by Will or Other Writing; Effectiveness; Acceptance; Confirmation.
  (a) The appointment of a guardian under section 560:5-302 becomes effective upon: (1) The death of the appointing parent, spouse, or reciprocal beneficiary; (2)...
• 560:5-304 Judicial Appointment of Guardian; Petition.
  (a) An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for...
• 560:5-305 Judicial Appointment of Guardian; Preliminaries to Hearing.
  (a) Upon receipt of a petition to establish a guardianship, the applicable court shall set a date and time for hearing the petition and may...
• 560:5-306 Judicial Appointment of Guardian; Professional Evaluation.
  At or before a hearing under this part, the court may order a professional evaluation of the respondent and shall order the evaluation if...
• 560:5-307 Confidentiality of Records.
  The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but are available to: (1)...
• 560:5-308 Judicial Appointment of Guardian; Presence and Rights At Hearing.
  (a) Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the...
• 560:5-309 Notice.
  (a) A copy of a petition for guardianship and notice of the hearing on the petition shall be served personally on the respondent. The...
• 560:5-310 Who May Be Guardian; Priorities.
  (a) Subject to subsection (c), the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (1) A...
• 560:5-311 Findings; Order of Appointment.
  (a) The court may: (1) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:...
• 560:5-312 Emergency Guardian.
  (a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or...
• 560:5-313 Temporary Substitute Guardian.
  (a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action,...
• 560:5-314 Duties of Guardian
  . (a) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian...
• 560:5-315 Powers of Guardian.
  (a) Except as otherwise limited by the court, a guardian may: (1) Apply for and receive money payable to the ward or the ward's guardian...
• 560:5-316 Rights and Immunities of Guardian; Limitations.
  (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and...
• 560:5-317 Reports; Monitoring of Guardianship.
  (a) Within thirty days after appointment, a guardian shall report to the court in writing on the condition of the ward and account for money...
• 560:5-318 Termination or Modification of Guardianship.
  (a) A guardianship terminates upon the death of the ward or upon order of the court. (b) On petition of a ward, a guardian, or...

PART 4. PROTECTION OF PROPERTY OF PROTECTED PERSON

• 560:5-401 Protective Proceeding.
  Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in...

PART 4. OLD PROTECTION OF PROPERTY OF
PERSONS UNDER DISABILITY AND MINORS--REPEALED

• 560:5-401 to 560:5-432 Repealed.
  L 2004, c 161, §37.
• 560:5-402 Jurisdiction Over Business Affairs of Protected Person.
  After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in...
• 560:5-403 Original Petition for Appointment or Protective Order.
  (a) The following persons may petition for the appointment of a conservator or for any other appropriate protective order: (1) The person to be protected;...
• 560:5-404 Notice.
  (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order shall be served personally on...
• 560:5-405 Original Petition; Minors; Preliminaries to Hearing
  . (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a...
• 560:5-406 Original Petition; Preliminaries to Hearing.
  (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the...
• 560:5-407 Confidentiality of Records.
  The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but shall be available to:...
• 560:5-408 Original Petition; Procedure At Hearing.
  (a) Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused...
• 560:5-409 Original Petition; Orders.
  (a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that...
• 560:5-410 Powers of Court
  . (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court shall have the following powers...
• 560:5-411 Required Court Approval.
  (a) After notice to interested persons and upon express authorization of the court, a conservator may: (1) Make gifts, except as otherwise provided in...
• 560:5-412 Protective Arrangements and Single Transactions.
  (a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (1) Authorize, direct,...
• 560:5-413 Who May Be Conservator; Priorities.
  (a) Except as otherwise provided in subsection (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority:...
• 560:5-414 Petition for Order Subsequent to Appointment.
  (a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an...
• 560:5-415 Bond.
  The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with...
• 560:5-416 Terms and Requirements of Bond.
  (a) The following rules apply to any bond required: (1) Sureties and the conservator are jointly and severally liable; (2) By executing the bond of...
• 560:5-417 Compensation and Expenses.
  If not otherwise compensated for services rendered, a guardian, conservator, physician, lawyer for the respondent, lawyer whose services resulted in a protective order or...
• 560:5-418 General Duties of Conservator
  . (a) A conservator, in relation to powers conferred by this article or implicit in the title acquired by virtue of the proceeding, shall be...
• 560:5-419 Inventory; Records.
  (a) Within sixty days after entry of the order of appointment, a conservator shall prepare and file with the appointing court a detailed inventory of...
• 560:5-420 Reports; Appointment of Kokua Kanawai.
  (a) A conservator shall file a petition for approval of accounts and report to the court for administration of the estate annually unless the court...
• 560:5-421 Title by Appointment.
  (a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof...
• 560:5-422 Protected Person's Interest Inalienable.
  (a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable...
• 560:5-423 Sale, Encumbrance, or Other Transaction Involving Conflict of Interest.
  Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction...
• 560:5-424 Protection of Person Dealing With Conservator.
  (a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court...
• 560:5-425 Powers of Conservator in Administration
  . (a) Except as otherwise qualified or limited by the court in its order of appointment and endorsed on the letters, a conservator has all...
• 560:5-426 Delegation.
  (a) A conservator shall not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the...
• 560:5-427 Principles of Distribution by Conservator.
  (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or...
• 560:5-428 Death of Protected Person
  . If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the...
• 560:5-429 Presentation and Allowance of Claims.
  (a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or...
• 560:5-430 Personal Liability of Conservator.
  §560:5-430 Personal liability of conservator. (a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in...
• 560:5-431 Termination of Proceedings.
  (a) A conservatorship terminates upon the death of the protected person or upon order of the court. Unless created for reasons other than that the...
• 560:5-432 Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceeding.
  (a) A person who is indebted to, or has the possession of tangible or intangible property of a protected person, may pay the debt...
• 560:5-433 Foreign Conservator; Proof of Authority; Bond; Powers.
  If a conservator has not been appointed in this State and a petition in a protective proceeding is not pending in this State, a...

PART 5. POWERS OF ATTORNEY

• 560:5-501, 502 Repealed.
  L 1989, c 270, §2. Cross References Uniform durable power of attorney act, see chapter 551D.

PART 6. INCAPACITATED PERSONS STERILIZATION RIGHTS

• 560:5-601 Definitions.
  As used in this part: "Adult" means an individual who has attained the age of eighteen years. "Court" means any duly constituted court. "Incapacitated...
• 560:5-602 Sterilization of Wards.
  Persons who are wards and who have attained the age of eighteen years have the legal right to be sterilized when at least thirty...
• 560:5-603 Initiation of Proceeding.
  The ward or any interested person may file a petition with the family court, in the circuit in which the ward resides, alleging that...
• 560:5-604 Appointment of Guardian Ad Litem.
  The court, upon receipt of the petition, shall appoint a guardian ad litem to represent the ward. [L 1986, c 81, pt of §2]
• 560:5-605 Notice.
  The court shall order that the petition be served personally upon the ward, the guardian, and the guardian ad litem for the ward, and...
• 560:5-606 Repealed.
  L 2006, c 25, §5.
• 560:5-606.5 Reproductive Rights Advisory List.
  The family court may maintain a resource list of advisors in the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology...
• 560:5-607 Hearing.
  (a) The court shall set a hearing on the petition and shall order that notice of the time and place of hearing be provided...
• 560:5-608 Criteria.
  (a) The ward may be sterilized if the court finds by clear and convincing evidence that the ward is functionally capable of giving and...
• 560:5-609 Appeals.
  Upon entry of the decree the court shall stay the effect of a decision allowing sterilization until the expiration of time within which to...
• 560:5-610 Repealed.
  L 2006, c 25, §6.
• 560:5-611 Confidentiality of and Access to Records.
  (a) All wards affected by this part shall be informed of their right to and be entitled to copies of all portions of any...
• 560:5-612 No Liability Arising From Sterilization; Exception.
  No physician or hospital, nor the State or its agents, or any other person acting in accordance with this part shall be liable to...

ARTICLE VI
NONPROBATE TRANSFERS

• 560:6-101 Definitions.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-101 Definitions. In this part, unless the context otherwise...
• 560:6-102 Ownership As Between Parties, and Others; Protection of Financial Institutions.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-102 Ownership as between parties, and others; protection of...
• 560:6-103 Ownership During Lifetime.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-103 Ownership during lifetime. (a) A joint account belongs,...
• 560:6-104 Right of Survivorship.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-104 Right of survivorship. (a) Sums remaining on deposit...
• 560:6-105 Effect of Written Notice to Financial Institution.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-105 Effect of written notice to financial institution. The...
• 560:6-106 Accounts and Transfers Nontestamentary.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-106 Accounts and transfers nontestamentary. Any transfers resulting from...
• 560:6-107 Rights Against Multiple-Party Accounts.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-107 Rights against multiple-party accounts. A transfer to a...
• 560:6-108 Financial Institution Protection; Payment on Signature of One Party.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-108 Financial institution protection; payment on signature of one...
• 560:6-109 Financial Institution Protection; Payment After Death or Disability; Joint Account.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-109 Financial institution protection; payment after death or disability;...
• 560:6-110 Financial Institution Protection; Payment of Payable-On-death Account.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-110 Financial institution protection; payment of payable-on-death account. Any...
• 560:6-111 Financial Institution Protection; Payment of Trust Account.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-111 Financial institution protection; payment of trust account. Subject...
• 560:6-112 Financial Institution Protection; Discharge.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-112 Financial institution protection; discharge. Payment made pursuant to...
• 560:6-113 Financial Institution Protection; Set-Off.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-113 Financial institution protection; set-off. Without qualifying any other...

PART 2. RESERVED

• 560:6-201 Reserved.

ARTICLE VII
TRUST ADMINISTRATION

• 560:7-101 Duty to Register Trusts.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...
• 560:7-102 Registration Procedures.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...
• 560:7-103 Effect of Registration.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...
• 560:7-104 Effect of Failure to Register.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...
• 560:7-105 Reserved.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...
• 560:7-106 Release of Registration.
  Effect and transition of L 1996, c 288 amendments, see §560:8-201. Rules of Court Trust proceedings generally, see Hawaii Probate Rules, part D. PART...

PART 2. JURISDICTION OF COURT CONCERNING TRUSTS

• 560:7-201 Court; Jurisdiction of Trusts.
  (a) The court has jurisdiction of proceedings initiated by trustees and interested persons concerning the internal affairs of trusts. Proceedings which may be maintained...
• 560:7-202 Trust Proceedings; Venue.
  Venue for proceedings involving registered trusts is in the judicial circuit which is the place of registration. Venue for proceedings involving trusts not registered...
• 560:7-203 Trust Proceedings; Dismissal of Matters Relating to Foreign Trusts.
  The court will not, over the objection of a party, entertain proceedings concerning the internal affairs of a trust registered or having its principal...
• 560:7-204 Court; Concurrent Jurisdiction of Litigation Involving Trusts and Third Parties.
  The court of the judicial circuit in which the trust is required to be registered has concurrent jurisdiction with other courts of this State...
• 560:7-205 Proceedings for Review of Employment of Agents and Review of Compensation of Trustee and Employees of Trust.
  On petition of an interested person, after notice to all interested persons, the court may review the propriety of employment of any person by...
• 560:7-206 Trust Proceedings; Initiation by Notice; Necessary Parties.
  Proceedings under section 560:7-201 are initiated by filing a petition in the court and giving notice pursuant to section 560:1-401 to interested persons. The...

PART 3. DUTIES AND LIABILITIES OF TRUSTEES

• 560:7-301 General Duties Not Limited.
  Except as specifically provided, the general duty of the trustee to administer a trust expeditiously for the benefit of the beneficiaries is not altered...
• 560:7-302 Trustee's Standard of Care and Performance; Standards for Trustee Actions Under an Advisor's Authority.
  (a) Except as otherwise provided by the terms of the trust, the trustee shall observe the standards in dealing with the trust assets that...
• 560:7-303 Duty to Inform and Account to Beneficiaries.
  The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration; provided, however, during the life of the...
• 560:7-304 Duty to Provide Bond.
  A trustee need not provide bond to secure performance of the trustee's duties unless required by the terms of the trust, reasonably requested by...
• 560:7-305 Trustee's Duties; Appropriate Place of Administration; Deviation.
  A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and to its...
• 560:7-306 Personal Liability of Trustee to Third Parties.
  (a) Unless otherwise provided in the contract, a trustee is not personally liable on contracts entered into in the trustee's fiduciary capacity in the...
• 560:7-307 Limitations on Proceedings Against Trustees After Final Account.
  Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust is barred as to any beneficiary who...

PART 4. POWERS OF TRUSTEES

• 560:7-401 Powers of Trustees.
  Trustees shall have, in addition to the powers set out in the trust agreement, the powers as provided in chapter 554 and otherwise as...

PART 5. TRUSTS FOR ANIMALS

• 560:7-501 Trusts for Domestic or Pet Animals.
  (a) A trust for the care of one or more designated domestic or pet animals shall be valid. The trust terminates when no living animal...

ARTICLE VIII
EFFECTIVE DATE AND REPEALER
PART 1. EFFECT OF ACT 200, SESSION LAWS OF HAWAII 1976

• 560:8-101 Time of Taking Effect; Provisions for Transition.
  Sections 560:8-101 and 560:8-102 designated as Part 1 in view of addition of Part 2. §560:8-101 Time of taking effect; provisions for transition. (a)...
• 560:8-102 Specific Repealer and Amendments.
  Sections 560:8-101 and 560:8-102 designated as Part 1 in view of addition of Part 2. §560:8-102 Specific repealer and amendments. [Omitted as functus].

PART 2. EFFECT OF ACT 288, SESSION LAWS OF HAWAII 1996

• 560:8-201 Effect and Transition.
  (a) The amendments made by [Act 288, Session Laws of Hawaii 1996, hereinafter referred to as this Act,] shall take effect on January 1,...

PART 3. EFFECT OF ACT 161, SESSION LAWS OF HAWAII 2004

• 560:8-301 Effect.
  Act 161, Session Laws of Hawaii 2004, shall not affect any action commenced, proceeding brought, or right accrued prior to January 1, 2005. [L...

Last modified: October 27, 2016