Hawaii Petition for Representation of a Probate Estate's Insolvency and Request

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US-02441BG
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An insolvent estate is one whose assets are insufficient to pay its debts, taxes, and administrative expenses. As a consequence of its insolvency, its heirs or beneficiaries will receive nothing (exception: unless Decedent's surviving spouse or children are awarded a family allowance, which takes priority over creditors).

The following form is a complaint that adopts the ýnotice pleadingsý format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Petition for Representation of a Probate Estate's Insolvency and Request
  • Preview Petition for Representation of a Probate Estate's Insolvency and Request
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FAQ

If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court.

The petitioner shall submit with the petition a copy of the death certificate for the beneficiary named in the will, who died before the deceased, or any other evidence, by affidavit or otherwise, to establish that the beneficiary is dead.

Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all ?personal property? owned in his or her name alone is worth more than $100,000.

If any party objects to the form of a proposed order, that person shall within 5 days serve upon the prevailing party and deliver to the court a statement of that party's objections and the reasons for failing to approve, if any, the form of the party's proposed order. Thereafter, the court shall settle the order.

126. Rule 126 - Trust Proceedings (a) Petition. A trustee or interested person shall commence any proceeding relating to a trust by filing a petition complying with Rule 3.

R. 119. Within 60 days of the death of the protected person or within 60 days of the minor attaining the age of majority or emancipation, the conservator shall file a final report, and a petition for approval of final accounts, termination of conservatorship, and discharge.

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Hawaii Petition for Representation of a Probate Estate's Insolvency and Request