Chapter 560: Uniform Probate Code

August 2nd, 2009 Leave a comment Go to comments

ARTICLE I

Part 1. Short Title, Construction, General Provisions

1-101: Short title
1-102: Purposes; rule of construction
1-103: Supplementary general principles of law applicable
1-104: Severability
1-105: Construction against implied repeal
1-106: Effect of fraud and evasion
1-107: Evidence of death or status
1-108: Acts by holder of general power

Part 2. Definitions

1-201: General definitions

Part 3. Scope, Jurisdiction, and Courts

1-301: Territorial application
1-302: Subject matter jurisdiction
1-303: Venue; multiple proceedings; transfer
1-304: Practice in court
1-305: Records and certified copies
1-306: Jury trial
1-307: Registrar; powers
1-308: Appeals
1-309: Reserved
1-310: Oath or affirmation on filed documents
1-311: Documents sealed upon filing

Part 4. Notice, Parties, and Representation in Estate Litigation and Other Matters

1-401: Notice; method and time of giving
1-402: Notice; waiver
1-403: Pleadings; when parties bound by others; notice

ARTICLE II

Part 1. Intestate Succession

2-101: Intestate estate
2-102: Share of spouse or reciprocal beneficiary
2-103: Share of heirs other than surviving spouse or reciprocal beneficiary
2-104: Requirement that heir survive decedent for one hundred twenty hours
2-105: No taker
2-105.5: Escheat of kuleana lands
2-106: Representation
2-107: Kindred of half blood
2-108: Afterborn heirs
2-109: Advancements
2-110: Debts to decedent
2-111: Alienage
2-112: Dower and curtesy abolished
2-113: Individuals related to decedent through two lines
2-114: Parent and child relationship

Part 2. Elective Share of Surviving Spouse

2-201: Definitions
2-202: Elective share
2-203: Composition of the augmented estate
2-204: Decedent’s net probate estate
2-205: Decedent’s nonprobate transfers to others
2-206: Decedent’s nonprobate transfers to the surviving spouse or reciprocal beneficiary
2-207: Surviving spouse’s or reciprocal beneficiary’s property and nonprobate transfers to others
2-208: Exclusions, valuation, and overlapping application
2-209: Sources from which elective share payable
2-210: Personal liability of recipients
2-211: Proceeding for elective share; time limit
2-212: Right of election personal to surviving spouse or reciprocal beneficiary; incapacitated surviving
2-213: Waiver of right to elect and of other rights
2-214: Protection of payors and other third parties

Part 3. Spouse and Children Unprovided for in Wills

2-301: Entitlement of spouse or reciprocal beneficiary; premarital will
2-302: Omitted children

Part 4. Exempt Property and Allowances

2-401: Applicable law
2-402: Homestead allowance
2-403: Exempt property
2-404: Family allowance
2-405: Source, determination, and documentation

Part 5. Wills, Will Contracts, and Custody and Deposit of Wills

2-501: Who may make will
2-502: Execution; witnessed wills; holographic wills
2-503: Writings intended as wills, etc.
2-504: Self-proved will
2-505: Who may witness
2-506: Choice of law as to execution
2-507: Revocation by writing or by act
2-508: Revocation by change of circumstances
2-509: Revival of revoked will
2-510: Incorporation by reference
2-511: Testamentary additions to trusts
2-512: Events of independent significance
2-513: Separate writing identifying devise of certain types of tangible personal property
2-514: Contracts concerning succession
2-515: Reserved
2-516: Duty of custodian of will; liability
2-517: Penalty clause for contest

Part 6. Rules of Construction Applicable Only to Wills

2-601: Scope
2-602: Will may pass all property and after-acquired property
2-603: Antilapse; deceased devisee; class gifts
2-604: Failure of testamentary provision
2-605: Increase in securities; accessions
2-606: Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by
2-607: Nonexoneration
2-608: Exercise of power of appointment
2-609: Ademption by satisfaction

Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments

2-701: Scope
2-702: Requirement of survival by one hundred twenty hours
2-703: Choice of law as to meaning and effect of governing instrument
2-704: Power of appointment; meaning of specific reference requirement
2-705: Class gifts construed to accord with intestate succession
2-706: Life insurance; retirement plan; transfer-on-death registration; deceased beneficiary
2-707: Survivorship with respect to future interests under terms of trust; substitute takers
2-708: Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified
2-709: Representation; per capita at each generation; per stirpes
2-710: Worthier-title doctrine abolished
2-711: Interest in "heirs" and like

Part 8. General Provisions Concerning Probate and Nonprobate Transfers

2-801: Repealed
2-802: Effect of divorce, annulment, decree of separation, and termination of reciprocal beneficiary relationship
2-803: Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
2-804: Revocation of probate and nonprobate transfers by divorce or termination of reciprocal beneficiary relationship; no revocation by other changes of circumstances

Part 9. Statutory Rule Against Perpetuities; Honorary

2-901: to 907 Reserved

Part 10. Uniform International Wills Act

2-1001: to 1010 Reserved

ARTICLE III

Part 1. General Provisions

3-101: Devolution of estate at death; restrictions
3-102: Necessity of order of probate for will
3-103: Necessity of appointment for administration
3-104: Claims against decedent; necessity of administration
3-105: Proceedings affecting devolution and administration; jurisdiction of subject matter
3-106: Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons
3-107: Scope of proceedings; proceedings independent; exception
3-108: Probate, testacy and appointment proceedings; ultimate time limit
3-109: Statutes of limitation on decedent’s cause of action

Part 2. Venue for Probate and Administration; Priority to Administer; Demand for Notice

3-201: Venue for first and subsequent estate proceedings; location of property
3-202: Appointment or testacy proceedings; conflicting claim of domicile in another state
3-203: Priority among persons seeking appointment as personal representative
3-204: Demand for notice of order or filing concerning decedent’s estate

Part 3. Informal Probate and Appointment Proceedings

3-301: Informal probate or appointment proceedings; application; contents
3-302: Informal probate; duty of registrar; effect of informal probate
3-303: Informal probate; proof and findings required
3-304: Informal probate; unavailable in certain cases
3-305: Informal probate; registrar not satisfied
3-306: Informal probate; notice requirements
3-307: Informal appointment proceedings; delay in order; duty of registrar; effect of appointment
3-308: Informal appointment proceedings; proof and findings required
3-309: Informal appointment proceedings; registrar not satisfied
3-310: Informal appointment proceedings; notice requirements
3-311: Informal appointment unavailable in certain cases
3-312: to 322 Reserved

Part 4. Formal Testacy and Appointment Proceedings

3-401: Formal testacy proceedings; nature; when commenced
3-402: Formal testacy or appointment proceedings; petition; contents
3-403: Formal testacy proceedings; notice of hearing on petition
3-404: Formal testacy proceedings; written objections to probate
3-405: Formal testacy proceedings; uncontested cases; hearings and proof
3-406: Formal testacy proceedings; contested cases; testimony of attesting witnesses
3-407: Formal testacy proceedings; burdens in contested cases
3-408: Formal testacy proceedings; will construction; effect of final order in another jurisdiction
3-409: Formal testacy proceedings; order; foreign will
3-410: Formal testacy proceedings; probate of more than one instrument
3-411: Formal testacy proceedings; partial intestacy
3-412: Formal testacy proceedings; effect of order; vacation
3-413: Formal testacy proceedings; vacation of order for other cause
3-414: Formal proceedings concerning appointment of personal representative

Part 5. Supervised Administration

3-501: Supervised administration; nature of proceeding
3-502: Supervised administration; petition; order
3-503: Supervised administration; effect on other proceedings
3-504: Supervised administration; powers of personal representative
3-505: Supervised administration; interim orders; distribution and closing orders

Part 6. Personal Representative; Appointment, Control, and Termination of Authority

3-601: Qualification
3-602: Acceptance of appointment; consent to jurisdiction
3-603: Bond not required without court order, exceptions
3-604: Bond amount; security; procedure; reduction
3-605: Demand for bond by interested person
3-606: Terms and conditions of bonds
3-607: Order restraining personal representative
3-608: Termination of appointment; general
3-609: Termination of appointment; death or disability
3-610: Termination of appointment; voluntary
3-611: Termination of appointment by removal; cause; procedure
3-612: Termination of appointment; change of testacy status
3-613: Successor personal representative
3-614: Special administrator; appointment
3-615: Special administrator; who may be appointed
3-616: Special administrator; appointed informally; powers and duties
3-617: Special administrator; formal proceedings; power and duties
3-618: Termination of appointment; special administrator

Part 7. Duties and Powers of Personal Representatives

3-701: Time of accrual of duties and powers
3-702: Priority among different letters
3-703: General duties; relation and liability to persons interested in estate; standing to sue
3-704: Personal representative to proceed without court order; exception
3-705: Duty of personal representative; information to heirs and devisees
3-706: Duty of personal representative; inventory and appraisement
3-707: Employment of appraisers
3-708: Duty of personal representative; supplementary inventory
3-709: Duty of personal representative; possession of estate
3-710: Power to avoid transfers
3-711: Powers of personal representatives; in general
3-712: Improper exercise of power; breach of fiduciary duty
3-713: Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions
3-714: Persons dealing with personal representative; protection
3-715: Transactions authorized for personal representatives; exceptions
3-716: Powers and duties of successor personal representative
3-717: Co-representatives; when joint action required
3-718: Powers of surviving personal representative
3-719: Compensation of personal representative
3-720: Expenses in estate litigation
3-721: Proceedings for review of employment of agents and compensation of personal representatives and employees of estate

Part 8. Creditors’ Claims

3-801: Notice to creditors
3-802: Statutes of limitations
3-803: Limitations on presentation of claims
3-804: Manner of presentation of claims
3-805: Classification of claims
3-806: Allowance of claims
3-807: Payment of claims
3-808: Individual liability of personal representative
3-809: Secured claims
3-810: Claims not due and contingent or unliquidated claims
3-811: Counterclaims
3-812: Execution and levies prohibited
3-813: Compromise of claims
3-814: Encumbered assets
3-815: Administration in more than one state; duty of personal representative
3-816: Final distribution to domiciliary representative

Part 9. Special Provisions Relating to Distribution

3-901: Successors’ rights if no administration
3-902: Distribution; order in which assets appropriated; abatement
3-903: Right of retainer
3-904: Interest on general pecuniary devise
3-905: Penalty clause for contest
3-906: Distribution in kind; valuation; method
3-907: Distribution in kind; evidence
3-908: Distribution; right or title of distributee
3-909: Improper distribution; liability of distributee
3-910: Purchasers from distributees protected
3-911: Partition for purpose of distribution
3-912: Private agreements among successors to decedent binding on personal representative
3-913: Distributions to trustees
3-914: Disposition of unclaimed assets
3-915: Distribution to person under disability
3-916: Apportionment of estate taxes

Part 10. Closing Estates

3-1001: Formal proceedings terminating administration; testate or intestate; order of general protection
3-1002: Formal proceedings terminating testate administration; order construing will without adjudicating testacy
3-1003: Closing estates; by sworn statement of personal representative
3-1004: Liability of distributees to claimants
3-1005: Limitations on proceedings against personal representative
3-1006: Limitations on actions and proceedings against distributees
3-1007: Certificate discharging liens securing fiduciary performance
3-1008: Subsequent administration

Part 11. Compromise of Controversies

3-1101: Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
3-1102: Procedure for securing court approval of compromise

Part 12. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates

3-1201: Collection of personal property by affidavit
3-1202: Effect of affidavit
3-1203: Small estates; summary administration procedure
3-1204: Small estates; closing by sworn statement of personal representative
3-1205: Estates of $100,000 or less; clerk of court to administer
3-1206: Publication by clerk of appointment as personal representative; notice to creditors, heirs, etc.
3-1207: Presentation of claims of creditors
3-1208: Claims barred when
3-1209: Duties of clerk and distribution
3-1210: Undistributed proceeds or balances, disposition
3-1211: Exemption from costs
3-1212: Estates of persons leaving no known relatives
3-1213: Reserved
3-1214: Annual audit of accounts of clerk
3-1215: Prohibition on the private practice of law by attorneys for small estates

ARTICLE IV

Part 1. Definitions

4-101: Definitions

Part 2. Powers of Foreign Personal Representatives

4-201: Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
4-202: Payment or delivery discharges
4-203: Resident creditor notice
4-204: Proof of authority-bond
4-205: Powers
4-206: Power of representatives in transition
4-207: Ancillary and other local administrations; provisions governing

Part 3. Jurisdiction Over Foreign Representatives

4-301: Jurisdiction by act of foreign personal representative
4-302: Jurisdiction by act of decedent
4-303: Service on foreign personal representative

Part 4. Judgments and Personal Representative

4-401: Effect of adjudication for or against personal representative

ARTICLE V

Part 1. General Provisions

5-101: Short title
5-102: Definitions
5-103: Reserved
5-104: Facility of transfer
5-105: Delegation of power by parent or guardian
5-106: Subject matter jurisdiction
5-107: Transfer of jurisdiction
5-108: Venue
5-109: Practice in court
5-110: Letters of office
5-111: Effect of acceptance of appointment
5-112: Termination of or change in guardian’s or conservator’s appointment
5-113: Notice
5-114: Waiver of notice
5-115: Guardian ad litem
5-116: Request for notice; interested persons
5-117: Multiple appointments or nominations

Part 2. Guardianship of Minor

5-201: Appointment and status of guardian
5-202: Parental appointment of guardian
5-203: Objection by minor or others to parental appointment
5-204: Judicial appointment of guardian; conditions for appointment
5-205: Judicial appointment of guardian; procedure
5-206: Judicial appointment of guardian; priority of minor’s nominee; limited guardianship
5-207: Duties of guardian
5-208: Powers of guardian
5-209: Rights and immunities of guardian
5-210: Termination of guardianship; other proceedings after appointment

Part 3. Guardianship of Incapacitated Person

5-301: Appointment and status of guardian
5-302: Appointment of guardian by will or other writing
5-303: Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation
5-304: Judicial appointment of guardian; petition
5-305: Judicial appointment of guardian; preliminaries to hearing
5-306: Judicial appointment of guardian; professional evaluation
5-307: Confidentiality of records
5-308: Judicial appointment of guardian; presence and rights at hearing
5-309: Notice
5-310: Who may be guardian; priorities
5-311: Findings; order of appointment
5-312: Emergency guardian
5-313: Temporary substitute guardian
5-314: Duties of guardian
5-315: Powers of guardian
5-316: Rights and immunities of guardian; limitations
5-317: Reports; monitoring of guardianship
5-318: Termination or modification of guardianship

Part 4. Protection of Property of Protected Person

5-401: Protective proceeding
5-402: Jurisdiction over business affairs of protected person
5-403: Original petition for appointment or protective order
5-404: Notice
5-405: Original petition; minors; preliminaries to hearing
5-406: Original petition; preliminaries to hearing
5-407: Confidentiality of records
5-408: Original petition; procedure at hearing
5-409: Original petition; orders
5-410: Powers of court
5-411: Required court approval
5-412: Protective arrangements and single transactions
5-413: Who may be conservator; priorities
5-414: Petition for order subsequent to appointment
5-415: Bond
5-416: Terms and requirements of bond
5-417: Compensation and expenses
5-418: General duties of conservator
5-419: Inventory; records
5-420: Reports; appointment of kokua kanawai
5-421: Title by appointment
5-422: Protected person’s interest inalienable
5-423: Sale, encumbrance, or other transaction involving conflict of interest
5-424: Protection of person dealing with conservator
5-425: Powers of conservator in administration
5-426: Delegation
5-427: Principles of distribution by conservator
5-428: Death of protected person
5-429: Presentation and allowance of claims
5-430: Personal liability of conservator
5-431: Termination of proceedings
5-432: Payment of debt and delivery of property to foreign conservator without local proceeding
5-433: Foreign conservator; proof of authority; bond; powers

Part 5. Powers of Attorney

5-501,: 502 Repealed

Part 6. Incapacitated Persons Sterilization Rights

5-601: Definitions
5-602: Sterilization of wards
5-603: Initiation of proceeding
5-604: Appointment of guardian ad litem
5-605: Notice
5-606: Repealed
5-606.5: Reproductive rights advisory list
5-607: Hearing
5-608: Criteria
5-609: Appeals
5-610: Repealed
5-611: Confidentiality of and access to records
5-612: No liability arising from sterilization; exception

ARTICLE VI

Part 1. Multiple-Party Accounts

6-101: Definitions
6-102: Ownership as between parties, and others; protection of financial institutions
6-103: Ownership during lifetime
6-104: Right of survivorship
6-105: Effect of written notice to financial institution
6-106: Accounts and transfers nontestamentary
6-107: Rights against multiple-party accounts
6-108: Financial institution protection; payment on signature of one party
6-109: Financial institution protection; payment after death or disability; joint account
6-110: Financial institution protection; payment of payable-on-death account
6-111: Financial institution protection; payment of trust account
6-112: Financial institution protection; discharge
6-113: Financial institution protection; set-off

Part 2. Reserved

6-201: Reserved

ARTICLE VII

Part 1. Trust Registration

7-101: Duty to register trusts
7-102: Registration procedures
7-103: Effect of registration
7-104: Effect of failure to register
7-105: Reserved
7-106: Release of registration

Part 2. Jurisdiction of Court Concerning Trusts

7-201: Court; jurisdiction of trusts
7-202: Trust proceedings; venue
7-203: Trust proceedings; dismissal of matters relating to foreign trusts
7-204: Court; concurrent jurisdiction of litigation involving trusts and third parties
7-205: Proceedings for review of employment of agents and review of compensation of trustee and employees of trust
7-206: Trust proceedings; initiation by notice; necessary parties

Part 3. Duties and Liabilities of Trustees

7-301: General duties not limited
7-302: Trustee’s standard of care and performance
7-303: Duty to inform and account to beneficiaries
7-304: Duty to provide bond
7-305: Trustee’s duties; appropriate place of administration; deviation
7-306: Personal liability of trustee to third parties
7-307: Limitations on proceedings against trustees after final account

Part 4. Powers of Trustees

7-401: Powers of trustees

Part 5. Trusts for Animals

7-501: Trusts for domestic or pet animals

ARTICLE VIII

Part 1. Effect of Act 200, Session Laws of Hawaii 1976

8-101: Time of taking effect; provisions for transition
8-102: Specific repealer and amendments

Part 2. Effect of Act 288, Session Laws of Hawaii 1996

8-201: Effect and transition

Part 3. Effect of Act 161, Session Laws of Hawaii 2004

8-301: Effect

Cross References

Effect and transition of L 1996, c 288 amendments, see §560:8-201.

Uniform transfer-on-death (TOD) security registration act, see chapter 539.

Rules of Court

See Hawaii Probate Rules.

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(a)(1), (c), (f), (g), (h).

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