← Back to search

HRS §560:3-403

How people learn about a hearing to prove a will

When someone asks the court to officially handle a deceased person's estate, the court sets a hearing date. The person asking must tell certain family members, people named in the will, and others about the hearing. If the person's death is uncertain, the court may order a search for them.

beneficiariescourtsheirspersonal representatives

The statute, as written — Formal testacy proceedings; notice of hearing on petition

(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 560:1-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under section 560:3-204. The notice shall include the name and address of the applicant, the name and location of the court hearing the petition, and the date of the hearing. (b) Notice shall be given to the following persons: the surviving spouse or reciprocal beneficiary, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the judicial circuit or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated. (c) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered or certified mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods: (1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent; (2) By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; or (3) By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

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

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.