Rule 85 Distribution to Missing Persons

Sometimes a person who is supposed to get money or property from an estate cannot be found when it's time to hand out the assets. When this happens, the person handling the estate (called the personal representative) does not just hold onto that share indefinitely. Instead, they must follow the specific steps laid out in Hawaiʻi's probate law, found in Section 560:3-914 of the Hawaiʻi Revised Statutes, to decide what to do with that missing person's share.

The court also needs a paper trail for this situation. Whatever happens to the missing beneficiary's share must be written into the court order that approves how the estate's assets are being distributed. The court clerk then files this information under the same case number as the original probate case, so everything stays connected and organized in the court's records.