§603-21.6  Probate.  The several circuit
courts shall have power to:



(1)  Grant probate of wills;



(2)  Appoint personal representatives;



(3)  Determine
the heirs at law or devisees of deceased persons and to decree the distribution
of decedents' estates;



(4)  Appoint
guardians for incapacitated adults;



(5)  Appoint conservators;



(6)  Compel
personal representatives and such guardians and conservators to perform their
respective trusts and to account in all respects for the discharge of their
official duties;



(7)  Remove
any personal representative or any such guardian or conservator; and



(8)  Do
all other things as provided in chapter 560. [L 1972, c 88, §3(j); am L 1976, c
200, pt of §1; am L 2004, c 161, §34]



 



Rules of Court



 



  See Hawaii Probate Rules.



 



Case Notes



 



Decisions under prior law.



  Circuit judge in probate:  has incidental authority to allow
out of an estate attorney's fees incurred in litigation involving contests over
probate of wills or other questions concerned with benefit to or the interests
of an estate; 26 H. 337, 341.  May revoke probate of will even after the time
for appeal has elapsed upon a showing of good grounds, 5 H. 150; cited 10 H.
188; 13 H. 216, 218.  Such jurisdiction is to be exercised by the circuit judge
sitting in probate not in equity.  Id.  May authorize a guardian to mortgage
the real estate of ward, 13 H. 257; cited 14 H. 651, 660; 16 H. 242, 248, as to
the broad scope in guardianship matters in accordance with precedents
established by English Chancery Courts and which may be considered as a part of
Hawaiian common law.  See also 13 H. 257, 262.  Has authority even after
administrator's discharge to require the administrator to pay undisputed claim
against the estate.  19 H. 232.  Powers discussed.  10 F.2d 474.



  Judge of a probate court has no jurisdiction to appoint a
trustee.  15 H. 372; 18 H. 290, 298, cited 18 H. 542, 547; 19 H. 78, 82; 23 H.
32, 35; nor to compel a trustee to account, 23 H. 720.  A probate court cannot
determine title to land in guardianship proceedings.  13 H. 575.



  Statutory power to "decree the distribution of intestate
estates" does not include cases where there was a will and partial
intestacy.  24 H. 148, 150, cited 29 H. 148, 150; see 29 H. 284, 291.  Power to
determine heirs and distribute estate does not extend to cases where there is a
will.  45 H. 521, 535, 371 P.2d 379.



  Circuit judge in probate may set aside a fund required for an
annuity in the matter of an estate.  25 H. 327, 331.  May compel by proceedings
in contempt a compliance with an order of distribution.  24 H. 649, 655.  As to
powers in a contest over the probate of a will to require a contestant to give
security for costs.  29 H. 455, 457; Id. 693.  As to appointment of a guardian
for an insane person, see 28 H. 469.



  Cited:  77 H. 251 (App.), 883 P.2d 673.