§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.