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Haw. Prob. R. 77

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Rule 77 Ancillary Inventory

Part B. Probate Proceedings | B-IX. Ancillary Proceedings

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Rule Text

The inventory filed in an ancillary probate shall include only assets subject to the jurisdiction of the court.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When someone dies owning property in more than one state or place, a separate probate case may need to be opened in each location where they had property. This is called an ancillary probate. It works alongside the main probate case that happens where the person lived.

In an ancillary probate case in Hawaiʻi, the person handling the estate must file a list of the deceased person's assets, called an inventory. This rule says that list should only include property that falls under the Hawaiʻi court's authority. Property located in other states or countries does not belong on this list, even if it's part of the same person's overall estate.

This keeps things organized. The Hawaiʻi court only deals with property connected to Hawaiʻi, while other courts handle property in their own areas. This prevents confusion about which court is responsible for which assets.

Committee Notes

COMMENTARY:

Ancillary inventories should cover only assets under the court's jurisdiction. These include real property interests, certain tangible personal property, and possibly financial institution accounts located in theState of Hawaiʻi. With the Supreme Court's adoption of the doctrine of equitable conversion (Bank of Haw. v. Horwith, 71 Haw. 204, 212, 787 P.2d 674 (1990)), ancillary probate in Hawaiʻi of a vendor's interest in an agreement of sale or a mortgagee's security interest should no longer be required, but a special administration may be necessary to provide an authorized person to sign any deed in satisfaction of the agreement of sale or release of mortgage. The vendee's interest would clearly be subject to ancillary probate in Hawaiʻi.

← Previous Rule 76: Filing of Domiciliary Documents Next → Rule 78: Reserved