(a) In informal appointment proceedings, the registrar must determine whether:

will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Hawaii Revised Statutes 560:3-308

  • Decedent: A deceased person.
  • Venue: The geographical location in which a case is tried.
(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 § 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 decedent‘s estate” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>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.

  Previous
Next  
 Part 3 Contents