Haw. Prob. R. 77

As amended through June 28, 2024
Rule 77 - Ancillary Inventory

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

Haw. Prob. R. 77

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 the State of Hawai'i. 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 Hawai'i 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 Hawai'i.