§560:1-108 Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. [L 1996, c 288, pt of §1]
Rules of Court
Trust registration, see HPR rule 127.
Structure Hawaii Revised Statutes
Title 30A. Uniform Probate Code
560:1-101 to 560:1-403 REPEALED. §560:1-101
560:1-102 Purposes; rule of construction.
560:1-103 Supplementary general principles of law applicable.
560:1-105 Construction against implied repeal.
560:1-106 Effect of fraud and evasion.
560:1-107 Evidence of death or status.
560:1-108 Acts by holder of general power.
560:1-201 General definitions.
560:1-301 Territorial application.
560:1-302 Subject matter jurisdiction.
560:1-303 Venue; multiple proceedings; transfer.
560:1-305 Records and certified copies.
560:1-310 Oath or affirmation on filed documents.
560:1-311 Documents sealed upon filing.
560:1-401 Notice; method and time of giving.
560:1-403 Pleadings; when parties bound by others; notice.
560:2-101 to 560:2-902 REPEALED. §560:2-101 Intestate estate.
560:2-102 Share of spouse or reciprocal beneficiary.
560:2-103 Share of heirs other than surviving spouse or reciprocal beneficiary.
560:2-104 Requirement that heir survive decedent for one hundred twenty hours.
560:2-105.5 Escheat of kuleana lands.
560:2-107 Kindred of half blood.
560:2-112 Dower and curtesy abolished.
560:2-113 Individuals related to decedent through two lines.
560:2-114 Parent and child relationship.
560:2-203 Composition of the augmented estate.
560:2-204 Decedent's net probate estate.
560:2-205 Decedent's nonprobate transfers to others.
560:2-206 Decedent's nonprobate transfers to the surviving spouse or reciprocal beneficiary.
560:2-208 Exclusions, valuation, and overlapping application.
560:2-209 Sources from which elective share payable.
560:2-210 Personal liability of recipients.
560:2-211 Proceeding for elective share; time limit.
560:2-213 Waiver of right to elect and of other rights.
560:2-214 Protection of payors and other third parties.
560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will.
560:2-402 Homestead allowance.
560:2-405 Source, determination, and documentation.
560:2-502 Execution; witnessed wills; holographic wills.
560:2-503 Writings intended as wills, etc.
560:2-506 Choice of law as to execution.
560:2-507 Revocation by writing or by act.
560:2-508 Revocation by change of circumstances.
560:2-509 Revival of revoked will.
560:2-510 Incorporation by reference.
560:2-511 Testamentary additions to trusts.
560:2-512 Events of independent significance.
560:2-513 Separate writing identifying devise of certain types of tangible personal property.
560:2-514 Contracts concerning succession.
560:2-516 Duty of custodian of will; liability.
560:2-517 Penalty clause for contest.
560:2-602 Will may pass all property and after-acquired property.
560:2-603 Antilapse; deceased devisee; class gifts.
560:2-604 Failure of testamentary provision.
560:2-605 Increase in securities; accessions.
560:2-608 Exercise of power of appointment.
560:2-609 Ademption by satisfaction.
560:2-702 Requirement of survival by one hundred twenty hours.
560:2-703 Choice of law as to meaning and effect of governing instrument.
560:2-704 Power of appointment; meaning of specific reference requirement.
560:2-705 Class gifts construed to accord with intestate succession.
560:2-706 Life insurance; retirement plan; transfer-on-death registration; deceased beneficiary.
560:2-707 Survivorship with respect to future interests under terms of trust; substitute takers.
560:2-709 Representation; per capita at each generation; per stirpes.
560:2-710 Worthier-title doctrine abolished.
560:2-711 Interest in "heirs" and like.
560:2-901 to 560:2-907 Reserved.
560:2-1001 to 560:2-1010 Reserved.
560:3-101 to 560:3-1215 REPEALED. §560:3-101 Devolution of estate at death; restrictions.
560:3-102 Necessity of order of probate for will.
560:3-103 Necessity of appointment for administration.
560:3-104 Claims against decedent; necessity of administration.
560:3-105 Proceedings affecting devolution and administration; jurisdiction of subject matter.
560:3-107 Scope of proceedings; proceedings independent; exception.
560:3-108 Probate, testacy and appointment proceedings; ultimate time limit.
560:3-109 Statutes of limitation on decedent's cause of action.
560:3-201 Venue for first and subsequent estate proceedings; location of property.
560:3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state.
560:3-203 Priority among persons seeking appointment as personal representative.
560:3-204 Demand for notice of order or filing concerning decedent's estate.
560:3-301 Informal probate or appointment proceedings; application; contents.
560:3-302 Informal probate; duty of registrar; effect of informal probate.
560:3-303 Informal probate; proof and findings required.
560:3-304 Informal probate; unavailable in certain cases.
560:3-305 Informal probate; registrar not satisfied.
560:3-306 Informal probate; notice requirements.
560:3-308 Informal appointment proceedings; proof and findings required.
560:3-309 Informal appointment proceedings; registrar not satisfied.
560:3-310 Informal appointment proceedings; notice requirements.
560:3-311 Informal appointment unavailable in certain cases.
560:3-312 to 560:3-322 Reserved.
560:3-401 Formal testacy proceedings; nature; when commenced.
560:3-402 Formal testacy or appointment proceedings; petition; contents.
560:3-403 Formal testacy proceedings; notice of hearing on petition.
560:3-404 Formal testacy proceedings; written objections to probate.
560:3-405 Formal testacy proceedings; uncontested cases; hearings and proof.
560:3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
560:3-407 Formal testacy proceedings; burdens in contested cases.
560:3-409 Formal testacy proceedings; order; foreign will.
560:3-410 Formal testacy proceedings; probate of more than one instrument.
560:3-411 Formal testacy proceedings; partial intestacy.
560:3-412 Formal testacy proceedings; effect of order; vacation.
560:3-413 Formal testacy proceedings; vacation of order for other cause.
560:3-414 Formal proceedings concerning appointment of personal representative.
560:3-501 Supervised administration; nature of proceeding.
560:3-502 Supervised administration; petition; order.
560:3-503 Supervised administration; effect on other proceedings.
560:3-504 Supervised administration; powers of personal representative.
560:3-505 Supervised administration; interim orders; distribution and closing orders.
560:3-602 Acceptance of appointment; consent to jurisdiction.
560:3-603 Bond not required without court order, exceptions.
560:3-604 Bond amount; security; procedure; reduction.
560:3-605 Demand for bond by interested person.
560:3-606 Terms and conditions of bonds.
560:3-607 Order restraining personal representative.
560:3-608 Termination of appointment; general.
560:3-609 Termination of appointment; death or disability.
560:3-610 Termination of appointment; voluntary.
560:3-611 Termination of appointment by removal; cause; procedure.
560:3-612 Termination of appointment; change of testacy status.
560:3-613 Successor personal representative.
560:3-614 Special administrator; appointment.
560:3-615 Special administrator; who may be appointed.
560:3-616 Special administrator; appointed informally; powers and duties.
560:3-617 Special administrator; formal proceedings; power and duties.
560:3-618 Termination of appointment; special administrator.
560:3-701 Time of accrual of duties and powers.
560:3-702 Priority among different letters.
560:3-703 General duties; relation and liability to persons interested in estate; standing to sue.
560:3-704 Personal representative to proceed without court order; exception.
560:3-705 Duty of personal representative; information to heirs and devisees.
560:3-706 Duty of personal representative; inventory and appraisement.
560:3-707 Employment of appraisers.
560:3-708 Duty of personal representative; supplementary inventory.
560:3-709 Duty of personal representative; possession of estate.
560:3-710 Power to avoid transfers.
560:3-711 Powers of personal representatives; in general.
560:3-712 Improper exercise of power; breach of fiduciary duty.
560:3-713 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
560:3-714 Persons dealing with personal representative; protection.
560:3-715 Transactions authorized for personal representatives; exceptions.
560:3-716 Powers and duties of successor personal representative.
560:3-717 Co-representatives; when joint action required.
560:3-718 Powers of surviving personal representative.
560:3-719 Compensation of personal representative.
560:3-720 Expenses in estate litigation.
560:3-801 Notice to creditors.
560:3-802 Statutes of limitations.
560:3-803 Limitations on presentation of claims.
560:3-804 Manner of presentation of claims.
560:3-805 Classification of claims.
560:3-806 Allowance of claims.
560:3-808 Individual liability of personal representative.
560:3-810 Claims not due and contingent or unliquidated claims.
560:3-812 Execution and levies prohibited.
560:3-813 Compromise of claims.
560:3-815 Administration in more than one state; duty of personal representative.
560:3-816 Final distribution to domiciliary representative.
560:3-901 Successors' rights if no administration.
560:3-902 Distribution; order in which assets appropriated; abatement.
560:3-904 Interest on general pecuniary devise.
560:3-905 Penalty clause for contest.
560:3-906 Distribution in kind; valuation; method.
560:3-907 Distribution in kind; evidence.
560:3-908 Distribution; right or title of distributee.
560:3-909 Improper distribution; liability of distributee.
560:3-910 Purchasers from distributees protected.
560:3-911 Partition for purpose of distribution.
560:3-912 Private agreements among successors to decedent binding on personal representative.
560:3-913 Distributions to trustee.
560:3-914 Disposition of unclaimed assets.
560:3-915 Distribution to person under disability.
560:3-916 Apportionment of estate taxes.
560:3-1003 Closing estates; by sworn statement of personal representative.
560:3-1004 Liability of distributees to claimants.
560:3-1005 Limitations on proceedings against personal representative.
560:3-1006 Limitations on actions and proceedings against distributees.
560:3-1007 Certificate discharging liens securing fiduciary performance.
560:3-1008 Subsequent administration.
560:3-1102 Procedure for securing court approval of compromise.
560:3-1201 Collection of personal property by affidavit.
560:3-1202 Effect of affidavit.
560:3-1203 Small estates; summary administration procedure.
560:3-1204 Small estates; closing by sworn statement of personal representative.
560:3-1205 Estates of $100,000 or less; clerk of court to administer.
560:3-1207 Presentation of claims of creditors.
560:3-1208 Claims barred when.
560:3-1209 Duties of clerk and distribution.
560:3-1210 Undistributed proceeds or balances, disposition.
560:3-1211 Exemption from costs.
560:3-1212 Estates of persons leaving no known relatives.
560:3-1214 Annual audit of accounts of clerk.
560:3-1215 Prohibition on the private practice of law by attorneys for small estates.
560:4-101 to 560:4-401 REPEALED. §560:4-101 Definitions.
560:4-202 Payment or delivery discharges.
560:4-203 Resident creditor notice.
560:4-204 Proof of authority-bond.
560:4-206 Power of representatives in transition.
560:4-207 Ancillary and other local administrations; provisions governing.
560:4-301 Jurisdiction by act of foreign personal representative.
560:4-302 Jurisdiction by act of decedent.
560:4-303 Service on foreign personal representative.
560:4-401 Effect of adjudication for or against personal representative.
560:5-101 to 560:5-105 REPEALED. §560:5-101 Short title.
560:5-104 Facility of transfer
560:5-105 Delegation of power by parent or guardian.
560:5-106 Subject matter jurisdiction.
560:5-107 Transfer of jurisdiction.
560:5-111 Effect of acceptance of appointment.
560:5-112 Termination of or change in guardian's or conservator's appointment.
560:5-116 Request for notice; interested persons.
560:5-117 Multiple appointments or nominations.
560:5-201 to 560:5-212 REPEALED. §560:5-201 Appointment and status of guardian.
560:5-202 Parental appointment of guardian.
560:5-203 Objection by minor or others to parental appointment.
560:5-204 Judicial appointment of guardian; conditions for appointment.
560:5-205 Judicial appointment of guardian; procedure.
560:5-206 Judicial appointment of guardian; priority of minor's nominee; limited guardianship.
560:5-206.5 Judicial appointment of guardian; disability.
560:5-209 Rights and immunities of guardian.
560:5-210 Termination of guardianship; other proceedings after appointment.
560:5-301 to 560:5-313 REPEALED. §560:5-301 Appointment and status of guardian.
560:5-302 Appointment of guardian by will or other writing.
560:5-303 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation.
560:5-304 Judicial appointment of guardian; petition.
560:5-305 Judicial appointment of guardian; preliminaries to hearing.
560:5-306 Judicial appointment of guardian; professional evaluation.
560:5-307 Confidentiality of records.
560:5-308 Judicial appointment of guardian; presence and rights at hearing.
560:5-310 Who may be guardian; priorities.
560:5-311 Findings; order of appointment.
560:5-313 Temporary substitute guardian.
560:5-316 Rights and immunities of guardian; limitations.
560:5-317 Reports; monitoring of guardianship.
560:5-318 Termination or modification of guardianship.
560:5-401 to 560:5-432 REPEALED. §560:5-401 Protective proceeding.
560:5-402 Jurisdiction over business affairs of protected person.
560:5-403 Original petition for appointment or protective order.
560:5-405 Original petition; minors; preliminaries to hearing
560:5-406 Original petition; preliminaries to hearing.
560:5-407 Confidentiality of records.
560:5-408 Original petition; procedure at hearing.
560:5-409 Original petition; orders.
560:5-411 Required court approval.
560:5-412 Protective arrangements and single transactions.
560:5-413 Who may be conservator; priorities.
560:5-414 Petition for order subsequent to appointment.
560:5-416 Terms and requirements of bond.
560:5-417 Compensation and expenses.
560:5-418 General duties of conservator
560:5-420 Reports; appointment of kokua kanawai.
560:5-421 Title by appointment.
560:5-422 Protected person's interest inalienable.
560:5-423 Sale, encumbrance, or other transaction involving conflict of interest.
560:5-424 Protection of person dealing with conservator.
560:5-425 Powers of conservator in administration
560:5-427 Principles of distribution by conservator.
560:5-428 Death of protected person
560:5-429 Presentation and allowance of claims.
560:5-430 Personal liability of conservator.
560:5-431 Termination of proceedings.
560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.
560:5-433 Foreign conservator; proof of authority; bond; powers.
560:5-501, 560:5-502 REPEALED.
560:5-602 Sterilization of wards.
560:5-603 Initiation of proceeding.
560:5-604 Appointment of guardian ad litem.
560:5-606.5 Reproductive rights advisory list.
560:5-611 Confidentiality of and access to records.
560:5-612 No liability arising from sterilization; exception.
560:6-102 Ownership as between parties, and others; protection of financial institutions.
560:6-103 Ownership during lifetime.
560:6-104 Right of survivorship.
560:6-105 Effect of written notice to financial institution.
560:6-106 Accounts and transfers nontestamentary.
560:6-107 Rights against multiple-party accounts.
560:6-108 Financial institution protection; payment on signature of one party.
560:6-109 Financial institution protection; payment after death or disability; joint account.
560:6-110 Financial institution protection; payment of payable-on-death account.
560:6-111 Financial institution protection; payment of trust account.
560:6-112 Financial institution protection; discharge.
560:6-113 Financial institution protection; set-off.
560:7-101 to 560:7-501 REPEALED.
560:8-101 Time of taking effect; provisions for transition.
560:8-102 Specific repealer and amendments.