§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.
Section: Previous 560-3-203 560-3-204 560-3-301 560-3-302 560-3-303 560-3-304 560-3-305 560-3-306 560-3-307 560-3-308 560-3-309 560-3-310 560-3-311 560-3-312-to-560-3-322 560-3-401 NextLast modified: October 27, 2016