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 notice of the time and place of hearing of any petition to be given to
any interested person or the person's attorney if the person has appeared by
attorney or requested that notice be sent to the person's attorney, or, in the
case of a minor or an incapacitated person, the minor's or incapacitated
person's parent or guardian, as appropriate.  Notice shall be given:



(1)  By mailing a copy thereof at least fourteen days
before the time set for the hearing by certified, registered, or ordinary first
class mail addressed to the person being notified at the post office address
given in the person's demand for notice, if any, or at the person's office or
place of residence, if known;



(2)  By delivering a copy thereof to the person being
notified personally at least fourteen days before the time set for the hearing;
or



(3)  If the address or identity of any person is not
known and cannot be ascertained with reasonable diligence, by publishing at
least once a week for three consecutive weeks, a copy thereof in a newspaper
having general circulation in the judicial circuit where the hearing is to be
held, the last publication of which is to be at least ten days before the time
set for the hearing.



(b)  The court for good cause shown may provide
for a different method or time of giving notice for any hearing.



(c)  Proof of the giving of notice shall be
made on or before the hearing and filed in the proceeding. [L 1996, c 288, pt
of §1]



 



Rules of Court



 



  Notice, see Hawaii Probate Rules, part A(III); HPR rule 51.