Chapter 560

§560:1-101 Repealed: General Provisions, Definitions, and Probate Jurisdiction

§560:1-102 How to read and use this law

§560:1-103 Other laws still apply unless this chapter says otherwise

§560:1-104 If one part is invalid, the rest still stands

§560:1-105 Construction against implied repeal

§560:1-106 What happens when someone commits fraud in an estate case

§560:1-107 Proving death or legal status

§560:1-108 Who can approve actions for a trust or estate

§560:1-201 General definitions

§560:1-301 When this law applies in Hawaii

§560:1-302 Which court handles estates, trusts, and guardianships

§560:1-303 Which court handles a case when more than one could

§560:1-304 Court rules for probate cases

§560:1-305 Court records and certified copies

§560:1-306 Jury trial in probate cases

§560:1-307 Who can do the registrar's tasks

§560:1-308 How appeals work in probate cases

§560:1-310 Documents filed with the court are sworn as true

§560:1-311 Sealed documents in court cases about a person who has died

§560:1-401 Notice: How and When to Give It

§560:1-402 Notice; waiver

§560:1-403 Who is bound by court orders in trust and estate cases

§560:2-101 Repealed rules on inheritance and wills

§560:2-102 What a surviving spouse or partner inherits when there is no will

§560:2-103 Who Gets the Estate When There Is No Will: Relatives Other Than a Spouse or Reciprocal Beneficiary

§560:2-104 Who counts as surviving the person who died

§560:2-105 No taker

§560:2-105.5 What happens to kuleana land when the owner dies without a will

§560:2-106 How property is divided among relatives when someone dies without a will

§560:2-107 Inheriting regardless of shared ancestors

§560:2-109 When gifts count as early inheritance

§560:2-110 Debts owed to someone who died

§560:2-111 Non-citizens can inherit property as heirs

§560:2-113 One share when related in more than one way

§560:2-114 When a parent cannot inherit from their child

§560:2-121 Definitions for parentage rules

§560:2-122 Effect of parent-child relationship

§560:2-123 Parents and children are recognized regardless of marriage

§560:2-124 When an adoption is treated as completed after a parent dies

§560:2-125 When Adoption Ends Legal Ties to Genetic Parents

§560:2-126 Parentage for children conceived with assisted reproduction

§560:2-127 Who is the parent when a surrogate gives birth

§560:2-201 Definitions for this part

§560:2-202 Choosing your share of a deceased spouse's property

§560:2-203 What counts in the augmented estate and how much a spouse gets

§560:2-204 What counts in the deceased person's estate

§560:2-205 What counts as a deceased person's transfers to others

§560:2-206 Counting what a surviving spouse gets outside probate

§560:2-207 What counts in the estate when a spouse or partner survives

§560:2-208 What counts in the augmented estate and how to value it

§560:2-209 Where the money for an elective share comes from

§560:2-210 Who must pay toward the surviving spouse's share

§560:2-211 Deadline for asking for your elective share

§560:2-212 Who can choose the elective share and what happens if the spouse is incapacitated

§560:2-213 Waiving a surviving spouse's or partner's inheritance rights

§560:2-214 Protecting people who pay out after a death

§560:2-301 Spouse or partner's share when will was made before marriage

§560:2-302 Omitted children

§560:2-401 Which law applies to an estate

§560:2-402 Homestead allowance for family after death

§560:2-403 Extra property for family after death

§560:2-404 Family allowance for spouse and children during estate handling

§560:2-405 How property and money are set aside for the family

§560:2-501 Who can make a will

§560:2-502 Making a Will: Witnessed and Handwritten Wills

§560:2-503 Writings intended as wills, etc.

§560:2-504 How to make your will self-proving

§560:2-505 Who can witness a will and interested witnesses

§560:2-506 Which state's rules make a will valid

§560:2-507 How to Revoke a Will by Writing or Action

§560:2-508 Changes in life don't cancel your will

§560:2-509 When a canceled will can come back to life

§560:2-510 Incorporation by reference

§560:2-511 Leaving Property to a Trust in Your Will

§560:2-512 Using outside events to decide who gets property

§560:2-513 Using a separate list to leave personal belongings

§560:2-514 Proving a contract about who gets your property after death

§560:2-516 Duty to deliver a will after death

§560:2-517 Penalty for Contesting a Will Is Not Enforceable

§560:2-601 Rules for Understanding a Will

§560:2-602 A will can cover all property you own or later acquire

§560:2-603 What happens to a gift in a will if the person dies first

§560:2-604 What happens when a gift in a will fails

§560:2-605 What happens to extra stock you get after writing your will

§560:2-606 What happens to gifts in a will when the property is sold or destroyed

§560:2-607 Inherited property stays mortgaged unless the will says otherwise

§560:2-608 When a will automatically uses a power of appointment

§560:2-609 When a lifetime gift counts as paying off a will gift

§560:2-701 How to interpret a legal document

§560:2-702 When someone must survive by 120 hours to inherit

§560:2-703 Which state's law controls a legal document

§560:2-704 When a minor mistake in exercising a power of appointment is okay

§560:2-705 How adopted and out-of-wedlock children count in inheritances

§560:2-706 What happens to life insurance and retirement benefits when the named beneficiary dies first

§560:2-707 Who gets a future gift if the intended person dies first

§560:2-708 How property is split among descendants if the will doesn't say

§560:2-709 How property is split among family members

§560:2-710 Abolishing the Worthier Title Rule

§560:2-711 Who gets property when a will says 'heirs'

§560:2-802 Who Counts as a Surviving Spouse or Partner After Divorce

§560:2-803 What happens to a killer's inheritance and benefits

§560:2-804 Divorce or ending a reciprocal relationship cancels certain estate plans

§560:2-805 Fixing mistakes in legal documents

§560:2-806 Changing a trust or will to meet tax goals

§560:3-102 When a will must be approved by probate

§560:3-103 You must be appointed to act as a personal representative

§560:3-104 When you can make a claim against a dead person's estate

§560:3-105 Who handles estate matters and what courts can do

§560:3-106 Court orders can bind people who get notice

§560:3-107 Court proceedings for an estate are separate unless combined

§560:3-108 Deadlines for starting probate or will-validity cases

§560:3-109 Deadlines for Lawsuits After Someone Dies

§560:3-201 Where to file estate cases and where property is located

§560:3-202 What happens when two states claim the deceased person's home

§560:3-203 Who gets first pick to be the personal representative

§560:3-204 Requesting notice of estate court filings

§560:3-301 What to include in an informal probate or appointment application

§560:3-302 How a will gets approved without a court hearing

§560:3-303 How a will is approved without a court hearing

§560:3-304 Informal probate not available for certain will series

§560:3-305 When the registrar says no to informal probate

§560:3-306 Who must get notice in informal probate

§560:3-307 When a personal representative can be appointed without a court hearing

§560:3-308 Requirements for appointing a personal representative without a court hearing

§560:3-309 When the registrar can refuse an informal appointment request

§560:3-310 Notice rules for informal appointment of a personal representative

§560:3-311 No informal appointment when a will may exist

§560:3-401 Formal court case to decide if a will is valid

§560:3-402 Formal probate or appointment petitions: what they must contain

§560:3-403 How people learn about a hearing to prove a will

§560:3-404 Written objections in formal probate cases

§560:3-405 How courts handle unopposed will cases

§560:3-406 Testimony Needed to Prove a Will in a Contested Case

§560:3-407 Who must prove what in a will or inheritance dispute

§560:3-408 Out-of-state court decisions about a will

§560:3-409 Court decides if a will is valid and who inherits

§560:3-410 When multiple wills can be approved in a probate case

§560:3-411 Partial intestacy in a formal probate case

§560:3-412 When a court's decision about a will is final and can be changed

§560:3-413 Changing a court order in a formal probate case for other reasons

§560:3-414 Formal proceedings about who becomes the personal representative

§560:3-501 What supervised administration of an estate is

§560:3-502 How to Request Court-Supervised Estate Management

§560:3-503 How supervised administration affects other court actions

§560:3-504 What a supervised estate manager can and cannot do

§560:3-505 Ending supervised administration and interim court orders

§560:3-601 How a personal representative qualifies for the job

§560:3-602 Accepting the job of personal representative

§560:3-603 When a personal representative must post a bond

§560:3-604 How to Set Up a Bond for an Estate

§560:3-605 When someone can demand the estate manager post a bond

§560:3-606 Rules for Bonds Required of Estate Representatives

§560:3-607 Court can stop a personal representative from acting

§560:3-608 When a Personal Representative's Appointment Ends

§560:3-609 When a personal representative dies or becomes incapacitated

§560:3-610 When a personal representative's job ends (voluntary resignation)

§560:3-611 Removing a personal representative for cause

§560:3-612 What happens to the personal representative when a new will is found

§560:3-613 What happens when a new personal representative takes over

§560:3-614 Special administrator: who can be appointed and when

§560:3-615 Special administrator: who can be appointed

§560:3-616 Special administrator appointed informally: powers and duties

§560:3-617 Special Administrator Powers and Duties in Court Proceedings

§560:3-618 When a special administrator's appointment ends

§560:3-701 When a personal representative's duties and powers start

§560:3-702 Who gets to act first when multiple estate letters are issued

§560:3-703 Personal representative's duties, protections, and right to sue

§560:3-704 Personal representative acts without court orders

§560:3-705 Duty of Personal Representative; Information to Heirs and Devisees

§560:3-706 Making a list of the deceased person's property

§560:3-707 Hiring Appraisers for Estate Assets

§560:3-708 Adding missing or corrected items to the estate inventory

§560:3-709 Personal representative's duty to take control of the estate

§560:3-710 Power to avoid transfers

§560:3-711 Personal representative's power over estate property

§560:3-712 Personal representative's liability for improper estate actions

§560:3-713 When the estate manager can buy estate property

§560:3-714 Protection for people who deal with a personal representative

§560:3-715 What an estate manager can do with the estate

§560:3-716 Powers and duties of a replacement estate representative

§560:3-717 Co-Representatives Must Act Together Unless Will Says Otherwise

§560:3-718 Powers of surviving personal representative

§560:3-719 Pay for the person handling an estate

§560:3-720 Paying legal costs in a will dispute

§560:3-721 How to challenge pay for estate workers

§560:3-801 Notice to Creditors

§560:3-802 Time Limits for Claims Against an Estate

§560:3-803 Deadlines for Filing Claims Against an Estate

§560:3-804 How to Present a Claim Against an Estate

§560:3-805 Order for paying debts when money runs out

§560:3-806 Allowance of claims

§560:3-807 Paying Claims Against an Estate

§560:3-808 When the Personal Representative Is Personally Responsible

§560:3-809 How secured claims are paid in probate

§560:3-810 Paying claims that are not due yet or uncertain

§560:3-811 How the estate can use counterclaims against a claim

§560:3-812 No executions or levies against estate property

§560:3-813 Settling claims against an estate

§560:3-814 Encumbered assets

§560:3-815 How an out-of-state estate's debts are paid in Hawaii

§560:3-816 When to send an estate to the home-state representative

§560:3-901 Getting property when no one handles the estate

§560:3-902 How assets are used to pay what the will owes

§560:3-903 Offsetting debts against inheritances

§560:3-904 Interest on general money gifts in a will

§560:3-905 When a will or trust can't punish a challenge

§560:3-906 How estate assets are handed out and valued

§560:3-907 How property is handed over in kind

§560:3-908 Proof of receiving your inheritance is final

§560:3-909 Liability for Improper Distribution

§560:3-910 Protection for buyers and lenders from estate property

§560:3-911 Splitting inherited property among heirs

§560:3-912 Family members can agree to change who gets what from an estate

§560:3-913 Distributing estate assets to a trustee

§560:3-914 What happens to property when no one claims it

§560:3-915 How to give inheritance to someone who can't manage it

§560:4-101 Foreign personal representatives and out-of-state estate administration

§560:4-201 Paying debts of a person who died in another state

§560:4-202 Paying or handing over property when someone dies

§560:4-203 When a Hawaii creditor stops payment to an out-of-state estate

§560:4-204 Proving authority of an out-of-state estate representative

§560:4-205 Powers of an out-of-state personal representative in Hawaii

§560:4-206 When a foreign representative can act in Hawaii

§560:4-207 Rules for local handling of a nonresident's estate

§560:4-301 When a foreign estate representative comes under Hawaii court authority

§560:4-302 When a foreign estate representative can be sued in Hawaii

§560:4-303 How to deliver court papers to an out-of-state estate representative

§560:4-401 Court decisions about an estate's personal representative

§560:5-101 Official name for guardianship and protective proceedings law

§560:5-102 Definitions for guardianship and conservatorship

§560:5-104 How to give money or property to a minor without a conservator

§560:5-105 Parents can temporarily hand over care decisions

§560:5-106 Which Court Handles Guardianship and Conservatorship Cases

§560:5-107 Moving guardianship cases between courts

§560:5-108 Where guardianship and protective cases are filed

§560:5-109 Court rules for guardianship and protective cases

§560:5-110 Getting official papers after being appointed guardian or conservator

§560:5-111 Accepting a guardianship or conservatorship role means following court rules

§560:5-112 When a guardian or conservator's appointment ends or changes

§560:5-113 How to give notice of a court hearing

§560:5-114 Who can give up their right to notice

§560:5-115 Court-Appointed Guardian to Protect Interests

§560:5-116 How to ask for notice in a guardianship case

§560:5-117 Most Recent Guardian or Conservator Appointment Wins

§560:5-202 How parents can name a guardian for their child

§560:5-203 Who can object to a parent's choice of guardian

§560:5-204 When a court can appoint a guardian for a minor

§560:5-205 How a guardian is appointed for a minor

§560:5-206 Choosing a guardian for a minor and limiting their powers

§560:5-206.5 Court rules for appointing a guardian with a disability

§560:5-207 Duties of a guardian

§560:5-208 What a guardian can do for a minor

§560:5-209 Guardian's pay and legal protection

§560:5-210 When a Guardianship Ends and How to Ask for Changes

§560:5-301 How a Guardian Is Appointed and How Long It Lasts

§560:5-302 Appointing a Guardian by Will or Other Writing

§560:5-303 When a guardian named in a will can start acting

§560:5-304 How to ask the court for a guardian

§560:5-305 Steps before a guardianship hearing

§560:5-306 Court-ordered evaluation in guardianship cases

§560:5-307 Confidentiality of records

§560:5-308 Guardian appointment hearing: who must attend and rights

§560:5-309 Notice rules for guardianship hearings and reports

§560:5-310 Who can be a guardian and in what order

§560:5-311 Guardian appointment: findings and order

§560:5-312 Emergency guardian

§560:5-313 Temporary Substitute Guardian

§560:5-314 Guardian's Duties to the Ward

§560:5-315 What a Guardian Can Do for a Ward

§560:5-316 Guardian pay, rights, and limits

§560:5-317 Guardian reports and court monitoring of guardianships

§560:5-318 Ending or changing a guardianship

§560:5-401 When a court can appoint a conservator to manage someone's property

§560:5-402 Court authority over a protected person's money and property

§560:5-403 Who Can Ask for a Conservator and What the Request Must Include

§560:5-404 How people are told about a conservatorship case

§560:5-405 Court process for a minor's conservatorship petition

§560:5-406 Starting a Conservatorship Case: What Happens Before the Hearing

§560:5-407 Confidentiality of records

§560:5-408 Conservatorship hearing: who must come and who can join

§560:5-409 Court orders for conservatorship and protective orders

§560:5-410 Court powers in conservatorship cases

§560:5-411 Court approval needed for conservator's major financial actions

§560:5-412 Protective arrangements and single transactions

§560:5-413 Who can be a conservator (priority order)

§560:5-414 Asking the court for orders after a conservator is appointed

§560:5-415 When a conservator must post a bond

§560:5-416 Rules for a conservator's bond

§560:5-417 Pay for guardians, lawyers, and court-appointed helpers

§560:5-418 Conservator's duties and care standards

§560:5-419 Conservator must list estate property and keep records

§560:5-420 Reports and appointment of kokua kanawai

§560:5-421 How a Conservator Gets Control of a Protected Person's Property

§560:5-422 Protected person's property cannot be sold or taken

§560:5-423 Conflict-of-interest transactions by a conservator

§560:5-424 Protection for people who deal with a conservator

§560:5-425 Powers of a Conservator in Managing the Estate

§560:5-426 Delegation by a conservator

§560:5-427 How a conservator may spend or give away the protected person's money

§560:5-428 What happens to a protected person's will and estate when they die

§560:5-429 How to Present and Get Claims Paid in a Conservatorship

§560:5-430 When a conservator is personally responsible for debts

§560:5-431 How a Conservatorship Ends and the Final Steps

§560:5-432 Paying debts or handing over property to an out-of-state guardian

§560:5-433 Out-of-state conservator can manage property here

§560:5-601 Definitions for Sterilization of Incapacitated People

§560:5-602 Sterilization of adult wards

§560:5-603 How to Start a Sterilization Court Case

§560:5-604 Court appoints a guardian for the ward

§560:5-605 Notice of the petition

§560:5-606.5 List of advisors for sterilization decisions

§560:5-607 Court hearing on guardianship petition

§560:5-608 When a court can approve sterilizing a ward

§560:5-609 Waiting period before sterilization can happen

§560:5-611 Confidentiality of and access to sterilization records

§560:5-612 Protection from liability for sterilization procedures

§560:6-101 Definitions for shared bank accounts

§560:6-102 Account Ownership Rules and Bank Protection

§560:6-103 Who owns the money in a joint, payable-on-death, or trust account while the original owners are alive?

§560:6-104 Who gets joint account money when an owner dies

§560:6-105 Changing a joint account after someone dies

§560:6-106 Transfers from accounts are not part of a will

§560:6-107 When money from a shared bank account can be taken back to pay the deceased person's debts

§560:6-108 Bank protection for paying out a shared account

§560:6-109 Paying joint account money after death or disability

§560:6-110 Who can get money from a payable-on-death account

§560:6-111 Paying out a trust account to a trustee, heirs, or beneficiary

§560:6-112 When banks are protected after paying out an account

§560:6-113 Bank set-off for debts on shared accounts

§560:8-101 When this law takes effect and how it handles old cases

§560:8-201 Effect and transition of the 1996 amendments

§560:8-301 Law does not apply to older cases

§560:3-1001 Ending an estate and closing it for good

§560:3-1002 Ending Estate Administration Without Deciding Will Validity

§560:3-1003 Closing an Estate with a Personal Representative's Sworn Statement

§560:3-1004 When estate money has already been handed out, who pays a late claim?

§560:3-1005 Deadline for suing the estate representative

§560:3-1006 Deadlines for claims against people who got estate property

§560:3-1007 Getting a certificate to clear liens after the estate is done

§560:3-1008 Handling property found after an estate is closed

§560:3-1101 When a court-approved settlement is final

§560:3-1102 How to get court approval for a settlement

§560:3-1201 Getting a Deceased Person's Property Without a Court Case

§560:3-1202 What happens when you rely on an affidavit

§560:3-1203 Small estates: quick handling process

§560:3-1204 Closing a small estate with a sworn statement

§560:3-1205 Small estates handled by the court clerk

§560:3-1206 How the court tells creditors and heirs about a small estate

§560:3-1207 How creditors must submit claims against an estate

§560:3-1208 Creditor claims filed too late are barred

§560:3-1209 Clerk's duties to find heirs and distribute estate

§560:3-1210 What happens to unclaimed money from an estate

§560:3-1211 No court costs for this estate process, with some exceptions

§560:3-1212 Estates of people with no known relatives

§560:3-1214 State comptroller must audit court clerks yearly

§560:3-1215 Ban on private law practice for small estate court staff

§560:3-1302 Definitions for estate tax apportionment

§560:3-1303 How estate taxes are split according to a will or trust

§560:3-1304 How estate taxes are split when no will or trust says otherwise

§560:3-1305 How estate tax credits and deferrals are shared

§560:3-1306 Estate tax advances for insulated property

§560:3-1307 Sharing estate tax savings and extra tax from special elections

§560:3-1308 How estate tax can be secured before property is given out

§560:3-1309 Who pays estate tax when someone owes it

§560:3-1310 Getting paid back for estate taxes you overpaid

§560:3-1311 Who can ask a court to enforce this part

§560:3-1312 When the new estate tax rules do not apply