HRS §560:5-428
What happens to a protected person's will and estate when they die
When a protected person dies, their conservator must quickly give any will they have to someone who can get it probated, or file it with a court. The conservator must tell the person named in the will and keep the estate safe to hand over later. Failing to deliver the will can lead to paying damages.
beneficiariescourtspersonal representativestrustees
The statute, as written — Death of protected person
If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the conservator's possession to a person able to secure its probate or, if none is known, deposit the will with an appropriate court. The conservator shall inform the personal representative or beneficiary named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it. A person who knowingly and wilfully fails to so deliver or deposit a will is liable to any person aggrieved for any damages that may be sustained by the failure, and the court may award treble damages. A person who wilfully refuses to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. Proceedings under this section shall be brought in the probate proceeding relating to the will.
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