[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Probate Court Judge's Name] [Probate Court Address] [City, State, Zip Code] Subject: Execution of Petition to Close Estate and Other Relief — [Case Number] Dear Honorable [Judge's Last Name], I, [Your Name], am an interested party in the above-mentioned estate of [Deceased's Full Name] that is currently under your jurisdiction. I am writing to request the execution of a petition to close the estate and seek other necessary relief as authorized by the Hawaii law. In accordance with the Hawaii Revised Statutes, Chapter 560, specifically §560:3-1802, I have fulfilled all my obligations as the executor/administrator of the estate. The inventory of the deceased's assets has been completed, debts have been paid, taxes have been filed, and all necessary distributions have been made to the beneficiaries. Furthermore, I have attached the following required documentation to support the request for closing the estate: 1. Affidavit of Personal Representative — Sworn statement declaring the fulfillment of all duties as the executor/administrator. 2. Final Account and Report — Comprehensive financial report outlining all receipts, disbursements, and distributions made during the administration of the estate. 3. Proof of Payment of Debts and Taxes — Documentation confirming the settlement of all debts owed by the deceased, including funeral expenses and outstanding taxes. 4. Waivers and Consents from Beneficiaries — Notarized agreements from beneficiaries, acknowledging the final distribution and waiving their rights to further claims or objections. 5. Order Approving the Final Account — A proposed order for your review and approval, granting the final distribution and closing the estate. I kindly request that you review the enclosed documents and grant the petition to close the estate at your earliest convenience. Additionally, if there are any other requirements or procedures that need to be followed, please provide me with specific instructions, and I will promptly comply. Should you require any further information or have any questions concerning this matter, please do not hesitate to contact me via the provided contact details. Thank you for your attention to this request, and I look forward to your favorable response. Sincerely, [Your Name] [Executor/Administrator of the Estate] [Your Attorney's Name, if applicable] [Your Attorney's Contact Information, if applicable]
Hawaii Sample Letter for Execution of Petition to Close Estate and For Other Relief
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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.
17. Rule 17 - Withdrawal of Pleading (a) Procedure. A party may withdraw a petition or objection that has been scheduled for hearing by giving immediate notice of the withdrawal to the court and requesting that the hearing be stricken from the calendar.
Rule 20 of the Hawaii Probate Rules allows the probate court to assign a contested matter to the civil trial calendar in circuit court, where formal discovery can begin.
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.
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.
Rule 15 - Amended and Supplemental Pleadings (a) Amendments. A party may amend its pleading once as a matter of course at any time before a responsive pleading is served or oral answer made.
