HI · rules
Haw. Prob. R. 104.1
DEMAND FOR NOTICE
(a) Preparation and Filing:
(1) Conservatorship. A person filing a Demand for Notice shall set forth the name of the respondent or protected person, any known aliases, the nature of the interest of the demandant in the estate, and the address of the demandant or the demandant's attorney. The clerk of the court shall assign a C. No. to the Demand for Notice if no proceedings have been commenced for the respondent or protected person's estate or the C. No. or G. No. for the respondent or protected person's estate if proceedings have already commenced.
(2) Conservatorship and Guardianship. A person filing a Demand for Notice shall set forth the name of the respondent or protected person, any known aliases, the nature of the interest of the demandant in the person and/or estate, and the address of the demandant or the demandant's attorney. The clerk of the court shall assign a CG. No. to the Demand for Notice if no proceedings have been commenced for the respondent or protected person's estate or the CG. No. for the respondent or protected person's estate if proceedings have already commenced.
(b) Duty to Investigate: Demandant. Prior to filing a demand for notice in other than a pending conservatorship and/or guardianship proceeding, the demandant shall make a diligent search of the records of the circuit court in which the demand is being filed to determine whether conservatorship and/or guardianship proceedings have previously been filed, and a diligent search of the records of the family court in the circuit in which the demand is being filed to determine whether guardianship proceedings have previously been filed in family court, and shall state in the Demand for Notice that such search has been conducted.
(c) Duty to Investigate: Petitioner. Prior to filing a petition to commence a conservatorship and/or guardianship proceeding, the petitioner shall make a diligent search of the records of the circuit court in which the petition is being filed and a diligent search of the records of the family court in the circuit in which the petition is being filed to determine whether a demand for notice has been filed with respect to the respondent or protected person.
(d) Validity of Demand. A Demand for Notice filed other than in a pending conservatorship and/or guardianship proceeding shall be effective for a period of five years from the date of filing. A Demand for Notice shall be effective only for the circuit in which it is filed.
(Added June 25, 2003, effective July 1, 2003; further amended April 28, 2006, effective July 1, 2006.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-06-2026-07-01
- Content hash
42845511385708c37de2cbfff920eea7397d84c8890f40e2cf6bd265e6b73c2d
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