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HI SB1457

Bill

Status

Introduced

1/26/2011

Primary Sponsor

Maile Shimabukuro

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Authorizes successors of small estates (gross value $100,000 or less) to obtain court orders determining succession to real property without full probate proceedings, provided at least 40 days have elapsed since the decedent's death.

  • Allows petitioners to file a verified petition with the court requesting an order determining the petitioner's succession to real property, and optionally personal property, if no estate administration is pending or the personal representative consents.

  • Requires petitions to include an inventory and appraisal of the decedent's property, description of property passing to the petitioner, facts supporting the succession claim, and information about heirs, devisees, and executors.

  • Court order determining succession becomes conclusive on all persons upon finality, and petitioner receiving property through this process is personally liable for decedent's unsecured debts up to the fair market value of property received, less liens and encumbrances.

  • Applies only to estates with no pending probate proceedings in Hawaii or with written consent from the personal representative, and does not affect claims barred under article III, part 8 of Hawaii Revised Statutes.

Legislative Description

Probate; Small Estate Closing by Petition Without Probate

Last Action

(S) The committee on JDL deferred the measure.

2/15/2011

Committee Referrals

Judiciary and Labor1/28/2011

Full Bill Text

No bill text available