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Hawaii Acceptance of Appointment of Personal Representative

State:
Hawaii
Control #:
HI-KH-028-02
Format:
PDF
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Description

A02 Acceptance of Appointment of Personal Representative

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FAQ

A personal representative usually is named in a will. However, courts sometimes appoint a personal representative. Usually, whether or not the deceased left a will, the probate court will issue a finding of fact that a will has or has not been filed and a personal representative or administrator has been appointed.

There are no federal probate laws. 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.

A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800. These fees are also called statutory fees, because they are provided by statute.

You can administer an estate even if the deceased died without a will or failed to specify an executor. If your relationship to the deceased doesn't make you the probate court's default choice for administrator, you'll need to get permission from the relatives ahead of you in the priority order.

Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.

Domiciliary foreign personal representative means a personal representative appointed by another jurisdiction in which the decedent was domiciled at the time of the decedent's death.

An executor is someone named in your will, or appointed by the court, who is given the legal responsibility to take care of any remaining financial obligations. Typical duties include: Distributing assets according to the will. Maintaining property until the estate is settled (e.g., upkeep of a house)

-712 provides that if the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. This means that if you are an interested party and you have

Locate Documents. Record the preferences of the testator. Check status of property and accounts. Confirm beneficiaries are correct. Make a list of personal possessions. Create a schedule of assets. Make a list of credit cards and debts. Electronic access to information.

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Hawaii Acceptance of Appointment of Personal Representative