§560:3-402  Formal testacy or
appointment proceedings; petition;  contents.  (a)  Petitions for formal
probate of a will, or for adjudication of intestacy with or without request for
appointment of a personal representative, must be directed to the court,
request a judicial order after notice and hearing and contain further
statements as indicated in this section.  A petition for formal probate of a
will:



(1)  Requests an order as to the testacy of the
decedent in relation to a particular instrument which may or may not have been
informally probated and determining the heirs;



(2)  Contains the statements required for informal
applications as stated in the six subparagraphs under section 560:3-301(a)(1),
the statements required by subparagraphs (B) and (C) of section
560:3-301(a)(2); and



(3)  States whether the original of the last will of
the decedent is in the possession of the court or accompanies the petition.



If the original will is neither in the
possession of the court nor accompanies the petition and no authenticated copy
of a will probated in another jurisdiction accompanies the petition, the
petition also must state the contents of the will, and indicate that it is
lost, destroyed, or otherwise unavailable.



(b)  A petition for adjudication of intestacy
and appointment of an administrator in intestacy must request a judicial
finding and order that the decedent left no will and determining the heirs,
contain the statements required by section 560:3-301(a)(1) and (4) and indicate
whether supervised administration is sought.  A petition may request an order
determining intestacy and heirs without requesting the appointment of an
administrator, in which case, the statements required by section
560:3-301(a)(4)(B) may be omitted. [L 1996, c 288, pt of §1; am L 1997, c 244,
§7]



 



Rules of Court



 



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