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 to the best of the applicant's knowledge
and belief as to the following information:



(1)  Every application for informal probate of a will
or for informal appointment of a personal representative, other than a special or
successor representative, shall contain the following:



(A)  A statement of the interest of the
applicant, together with the name, address, and telephone number of the
applicant;



(B)  The name, and date of death of the
decedent, the decedent's age, and the county and state of the decedent's
domicile at the time of death, and the names and addresses of the spouse or
reciprocal beneficiary, children, heirs, and devisees and the ages of any who
are minors so far as known or ascertainable with reasonable diligence by the
applicant;



(C)  If the decedent was not domiciled in the
State at the time of the decedent's death, a statement showing venue;



(D)  A statement identifying and indicating the
address of any personal representative of the decedent appointed in this State
or elsewhere whose appointment has not been terminated;



(E)  A statement indicating whether the
applicant has received a demand for notice, or is aware of any demand for
notice of any probate or appointment proceeding concerning the decedent that
may have been filed in this State or elsewhere; and



(F)  That the time limit for informal probate
or appointment as provided in this article has not expired either because five
years or less have passed since the decedent's death, or, if more than five
years from death have passed, circumstances as described by section 560:3-108
authorizing tardy probate or appointment have occurred;



(2)  An application for informal probate of a will
shall state the following in addition to the statements required by paragraph
(1):



(A)  That the original of the decedent's last
will is in the possession of the court, or accompanies the application, or that
an authenticated copy of a will probated in another jurisdiction accompanies
the application;



(B)  That the applicant, to the best of
applicant's knowledge, believes the will to have been validly executed; and



(C)  That after the exercise of reasonable
diligence, the applicant is unaware of any instrument revoking the will, and
that the applicant believes that the instrument which is the subject of the
application is the decedent's last will;



(3)  An application for informal appointment of a
personal representative to administer an estate under a will shall describe the
will by date of execution and state the time and place of probate or the
pending application or petition for probate.  The application for appointment
shall adopt the statements in the application or petition for probate and state
the name, address, and priority for appointment of the person whose appointment
is sought;



(4)  An application for informal appointment of an
administrator in intestacy shall state in addition to the statements required
by paragraph (1):



(A)  That after the exercise of reasonable
diligence, the applicant is unaware of any unrevoked testamentary instrument
relating to property having a situs in this State under section 560:1-301, or,
a statement why any such instrument of which the applicant may be aware is not
being probated; and



(B)  The priority of the person whose appointment
is sought and the names of any other persons having a prior or equal right to
the appointment under section 560:3-203;



(5)  An application for appointment of a personal
representative to succeed a personal representative appointed under a different
testacy status shall refer to the order in the most recent testacy proceeding,
state the name and address of the person whose appointment is sought and of the
person whose appointment will be terminated if the application is granted, and
describe the priority of the applicant;



(6)  An application for appointment of a personal
representative to succeed a personal representative who has tendered a
resignation as provided in section 560:3-610(c), or whose appointment has been
terminated by death or removal, shall adopt the statements in the application
or petition which led to the appointment of the person being succeeded except
as specifically changed or corrected, state the name and address of the person
who seeks appointment as successor, and describe the priority of the applicant.



(b)  By verifying an application for informal
probate, or informal appointment, the applicant submits personally to the
jurisdiction of the court in any proceeding for relief from fraud relating to
the application, or for perjury, that may be instituted against the applicant.
[L 1996, c 288, pt of §1; am L 1997, c 383, §19]



 



Rules of Court



 



  Pleadings, see Hawaii Probate Rules, part A(II); HPR
rules 17, 50.