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Hawaii Revised Statutes > Chapter 560 > Part 3 – Scope, Jurisdiction, and Courts

560:1-301 Territorial application
560:1-302 Subject matter jurisdiction
560:1-303 Venue; multiple proceedings; transfer
560:1-304 Practice in court
560:1-305 Records and certified copies
560:1-306 Jury trial
560:1-307 Registrar; powers
560:1-308 Appeals
560:1-309 Reserved
560:1-310 Oath or affirmation on filed documents
560:1-311 Documents sealed upon filing
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Terms Used In Hawaii Revised Statutes > Chapter 560 > Part 3 - Scope, Jurisdiction, and Courts

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Probate: Proving a will
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.

Hawaii Revised Statutes > Chapter 560 > Part 3 – Spouse and Children Unprovided for in Wills

560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will
560:2-302 Omitted children
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Terms Used In Hawaii Revised Statutes > Chapter 560 > Part 3 - Spouse and Children Unprovided for in Wills

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Devise: To gift property by will.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Intestate: Dying without leaving a will.
  • Testator: A male person who leaves a will at death.

Hawaii Revised Statutes > Chapter 560 > Part 3 – Informal Probate and Appointment Proceedings

560:3-301 Informal probate or appointment proceedings; application; contents
560:3-302 Informal probate; duty of registrar; effect of informal probate
560:3-303 Informal probate; proof and findings required
560:3-304 Informal probate; unavailable in certain cases
560:3-305 Informal probate; registrar not satisfied
560:3-306 Informal probate; notice requirements
560:3-307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment
560:3-308 Informal appointment proceedings; proof and findings required
560:3-309 Informal appointment proceedings; registrar not satisfied
560:3-310 Informal appointment proceedings; notice requirements
560:3-311 Informal appointment unavailable in certain cases
560:3-312 to 322 Reserved
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Terms Used In Hawaii Revised Statutes > Chapter 560 > Part 3 - Informal Probate and Appointment Proceedings

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Venue: The geographical location in which a case is tried.

Hawaii Revised Statutes > Chapter 560 > Part 3 – Jurisdiction Over Foreign Representatives

560:4-301 Jurisdiction by act of foreign personal representative
560:4-302 Jurisdiction by act of decedent
560:4-303 Service on foreign personal representative
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Terms Used In Hawaii Revised Statutes > Chapter 560 > Part 3 - Jurisdiction Over Foreign Representatives

  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Personal property: All property that is not real property.
  • Service of process: The service of writs or summonses to the appropriate party.

Hawaii Revised Statutes > Chapter 560 > Part 3 – Guardianship of Incapacitated Person

560:5-301 Appointment and status of guardian
560:5-302 Appointment of guardian by will or other writing
560:5-303 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation
560:5-304 Judicial appointment of guardian; petition
560:5-305 Judicial appointment of guardian; preliminaries to hearing
560:5-306 Judicial appointment of guardian; professional evaluation
560:5-307 Confidentiality of records
560:5-308 Judicial appointment of guardian; presence and rights at hearing
560:5-309 Notice
560:5-310 Who may be guardian; priorities
560:5-311 Findings; order of appointment
560:5-312 Emergency guardian
560:5-313 Temporary substitute guardian
560:5-314 Duties of guardian
560:5-315 Powers of guardian
560:5-316 Rights and immunities of guardian; limitations
560:5-317 Reports; monitoring of guardianship
560:5-318 Termination or modification of guardianship
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Terms Used In Hawaii Revised Statutes > Chapter 560 > Part 3 - Guardianship of Incapacitated Person

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Subpoena: A command to a witness to appear and give testimony.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Hawaii Revised Statutes > Chapter 560 > Part 3 – Effect of Act 161, Session Laws of

560:8-301 Effect
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