Rule 75 Transfer of Deposited Will

If someone has left a will with the Hawaiʻi court for safekeeping, that will can later be sent to a court in another state or jurisdiction if it needs to be used there for probate. To make this happen, a person has to file a request with the Hawaiʻi court asking for the will to be transferred. This request must name the specific court and jurisdiction where the will is going to be used, and it must include a certified copy of an order from that other court asking for the transfer. The person making the request also has to pay the costs involved.

Everyone with an interest in the case usually has to be notified before the court will approve the transfer. However, there's an exception: if the person asking for the transfer is the one named in the will to serve as personal representative (the person in charge of handling the estate), the court can approve the request right away without a hearing. If someone else is asking for the transfer, the court will only approve it after notifying all interested parties and holding a hearing to consider the request.