§560:1-301 Territorial application. Except as otherwise provided in this chapter, this chapter applies to: (1) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this State; (2) The property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the […]
§560:1-302 Subject matter jurisdiction. (a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter relating to: (1) Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (2) Protection of minors […]
§560:1-303 Venue; multiple proceedings; transfer. (a) Where a proceeding under this chapter could be maintained in more than one place in this State, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than […]
§560:1-304 Practice in court. Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the Hawai`i probate rules govern formal and informal proceedings under this chapter. [L 1996, c 288, pt of §1]
§560:1-305 Records and certified copies. The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this chapter, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by […]
§560:1-306 Jury trial. (a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (b) If there is no right to trial by jury under […]
§560:1-307 Registrar; powers. The acts and orders which this chapter specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court. [L 1996, c 288, pt […]
§560:1-308 Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the Hawai`i rules of appellate procedure and the Hawai`i rules of civil procedure. [L 1996, c 288, […]
§560:1-309 Reserved.
§560:1-310 Oath or affirmation on filed documents. Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as […]
§560:1-311 Documents sealed upon filing. In any action or proceeding under this chapter in the circuit court having jurisdiction in matters relating to the affairs of decedents, the following documents shall be sealed upon filing: (1) Birth certificate; (2) Marriage certificate; (3) Death certificate; (4) Tax return; (5) Kokua kanawai’s report; (6) Court-ordered professional evaluation; […]
