Haw. Prob. R. 111 (2026)

Rule 111. CONVERSION TO CUSTODIAL ARRANGEMENT Rule 112. CONVERSION TO SMALL CONSERVATORSHIP V. KOKUA KANAWAI Rule 113. ROLE AND AUTHORITY OF KOKUA KANAWAI Rule 113.1 CONFIDENTIALITY OF RECORDS x (Release: 06/08)

IX. TERMINATION OF PROCEEDINGS HAWAI#I PROBATE RULES Table of Contents VI. SALE OF REAL PROPERTY Rule 114. PROBATE RULES APPLICABLE VII. ACCOUNTINGS Rule 115. V.A. CONSERVATORSHIP (a) Definition (b) Approval of Accountings (c) Certificate of Audit (d) No Master, Guardian Ad Litem, or Kokua Kanawai Rule 116. REQUIRED ELEMENTS VIII. FEES Rule 117. CONSERVATOR’S FEES: BASIS AND AMOUNT Rule 118. SPECIAL CONSERVATORSHIPS AND PROTECTIVE ARRANGEMENTS Rule 119. EX PARTE TERMINATION OF PROCEEDINGS Rule 120 ACKNOWLEDGMENT OF CONSERVATOR’S AUTHORITY (a) Application (b) Acknowledgment Rules 121-124 RESERVED PART D. TRUST PROCEEDINGS I. GENERAL PROVISIONS Rule 125. CASE NUMBER ASSIGNMENT (Release: 06/08) xi

Table of Contents HAWAI#I PROBATE RULES II. COMMENCEMENT OF PROCEEDINGS Rule 126. TRUST PROCEEDINGS (a) Petition (b) Vesting Orders (c) Instructions (d) Approval of Accountings (e) Distribution of Assets to Missing Beneficiaries III. TRUST REGISTRATION Rule 127. TRUST REGISTRATION Rule 128. RELEASE OF REGISTRATION IV. TRUSTEE FEES Rule 129. RESERVED Rule 130. EXTRAORDINARY FEES Rules 131-139. RESERVED PART E. NO-FAULT LEGAL REPRESENTATIVE PROCEEDINGS I. COMMENCEMENT OF ACTION Rule 140. PETITION Rule 141. CASE NUMBER Rule 142. WAIVER OF NOTICE AND HEARING II. TERMINATION OF ACTION Rule 143. ACCOUNTING AND DISCHARGE III. WHEN PROBATE PROCEEDINGS ARE PENDING Rule 144. PERSONAL REPRESENTATIVE TO ACT Rules 145-149. RESERVED xii (Release: 06/08)

HAWAI#I PROBATE RULES Table of Contents PART F. DETERMINATION OF DEATH PROCEEDINGS I. COMMENCEMENT OF ACTION Rule 150. PETITION Rule 151. CASE NUMBER AND CAPTION II. NOTICE Rule 152. METHOD OF PROVIDING NOTICE Rule 153. RESERVED Rule 154. CONTENT OF ORDER III. EVIDENCE IV. ORDER APPENDIX A Flag Sheet 1-A Petition to Admit a Will to Probate and Appointment of Personal Representative Flag Sheet 1-B Petition for Adjudication of Intestacy Flag Sheet 1-C-C Petition to Appoint a Conservator, and/or for Authority to Compromise a Tort Claim Flag Sheet 1-C-CG Petition to Appoint a Conservator and Guardian, and/or for Authority to Compromise a Tort Claim Flag Sheet 1-D Petition for Confirmation of Sale of Real Property Flag Sheet 1-E Petition for Approval of Final Accounts of a Personal Representative Flag Sheet 1-F Petition for Determination of Elective Share Exhibit A. MEDIATION RULES FOR PROBATE, TRUST, CONSERVATORSHIP, AND GUARDIANSHIP (MEDIATION RULES) (Release: 06/13) xiii

Hawai#i Probate Rules This page intentionally left blank. xiv (Release: 12/19)

HAWAI#I PROBATE RULES Rule 1 HAWAI#I PROBATE RULES PART A. GENERAL RULES I. SCOPE OF RULES Rule 1. SCOPE OF RULES; INTERPRETATION;ELECTRONIC FILING; AUTOMATION. (a) Scope of Rules. These Rules govern the procedure in the circuit courts of the State of Hawai‘i in all probate, conservatorship, guardianship, trust, legal representation for no fault benefits, and determination of death proceedings, and more particularly proceedings arising under Hawai#i Revised Statutes, Chapters531 [Probate:Jurisdiction and Procedure], 532 [Descent of Property], 533 [Dower and Curtesy], 535 [Specific Performance of Deceased's Contracts to Convey Real Estate], 551 [Guardians and Wards], 551A [Office of the Public Guardian], 551D [Uniform Durable Power of Attorney Act] but only to the extent of issues arising from or between the attorney in fact and an incapacitated or deceased principal, 553A [Uniform Transfers to Minors Act], 554 [Trusts and Trustees; Accounts], 554A [Uniform Trustees' Powers Act], 554B[UniformCustodialTrustAct],554C[Uniform Prudent Investor Act], 556 [Uniform Fiduciaries Act], 557A [Uniform Principal and Income Act], and 560 [Uniform Probate Code] except Article V, Parts 2 and 6, and Section 603-21.6 [Probate Jurisdiction]. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. (b) Interpretation and Enforcement of Rules. These Rules shall be read and construed with reference to each other, the Hawai#i Electronic Filing and Service Rules, and the Hawai#i Court Records Rules. (c) Effect of Hawai#i Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawai#i Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing, certified mailing, notice and service requirements of any part of these Rules. (d) Effect of Automation on Process and Procedures. Duties set out in these Rules may be performed by automation. COMMENTARY: These Rules encompass all matters arising under Titles 29, 30, and 30A of the Hawai‘i Revised Statutes, with 5 exceptions: - Chapter 551A [Office of the Public Guardian] comes within the scope of the circuit court and the family court. - Disputes involving powers of attorney where the issues do not relate to the fiduciary relationship between the principal and agent or to the effect of the disability or death of the principal or agent. Disputes involving third parties arising from transactions in which a power of attorney was used shall, except in cases described above, be considered civil actions not subject to these Rules. These Rules also do not cover issues relating to a Durable Power for Health Care Decisions, which is within the jurisdiction of the family court. - Chapter 555 [Employee's Trusts], because that chapter is limited in its scope to definitional sections and a specific waiver of the Rule Against Perpetuities. - Chapter 558 [Land Trusts], because that chapter does not establish a true fiduciary relationship, but is more in the order of a conveyancing and title-holding statute, and therefore should fall within the - Parts 2 and 6 of Article V, Chapter 560, because those sections fall within the jurisdiction of the family court. Hawai#i Revised Statutes, Section 560:5-106(3) allows consolidation of protective and guardianship proceedings relating to the same person. Note that these Rules clearly apply to trust proceedings. Priorto these Rules, some practitioners argued that a trust proceeding was a civil action requiring a complaint, summons, and answer. In 1995, these Rules brought trust proceedings in line with the procedural rules applicable to probates and what was then known as guardianship of the property. (Release: 12/19) HPR--1

Rule 1 HAWAI#I PROBATE RULES Subsections (b) through (d) of this Rule account for the effects of electronic filing and service as well as automation. (Amended November 12, 1997, effective December 15, 1997; further amended April 28, 2006, effective July 1, 2006; further amended September 26, 2019, effective October 28, 2019.) Rule 2. ONE FORM OF ACTION. There shall be one form of action for any case to which these rules apply, which shall be known as a "proceeding." COMMENTARY: Regular civil cases and family court cases are referred to as "civil actions." The Uniform Probate Code generally refers to allactions thereunder as"proceedings."The use of the term "proceeding"wouldmaintain consistency and help eliminate confusion as to proceedings under these rules as opposed to proceedings controlled by other procedural rules.