Rule 63 Presenting Claims

COMMENTARY:

This rule explains the two methods by which a claim may be presented to the personal representative under HRS § 560:3-804(1). Although presenting the claim to the personal representative directly is preferred, there may be times when filing with the court is necessary. If a claim is presented directly to the personal representative, the claimant may file a proof of service to establish a record of when the claim was presented. Claims are by and large administrative matters, and the courts prefer to have as little paperwork in the probate files as possible. Therefore, an attempt is made in this rule to keep any court-filed documents with respect to presenting a claim as minimal as possible by not requiring that all supporting documentation be attached, but only that the claim be supported by affidavit. This rule does not prohibit the pursuit of claims by any other legal method.