Haw. Prob. R. 112

The court, upon petition of the conservator showing that the aggregate value of the assets are less than the maximum for small conservatorship administration, may order the conservator to transfer the assets to the clerk of the court pursuant to Hawai‘i Revised Statutes Section 551-21. Upon completion of the transfer, the conservator shall be discharged. With the petition, the conservator shall file the conservator's resignation, a complete accounting of all receipts and disbursements of the estate from the time of appointment or the closing date of the last accounting approved by the court (whichever is later), and the consent to appointment by the clerk of the court.

COMMENTARY:

HRS § 551-21 provides for a small conservatorship procedure whereby the clerk of the court may act as conservator for small estates. The section is permissive, not mandatory, and this rule establishes the procedure to be used to seek the transfer of a conservatorship to small conservatorship. The conservator must petition the court for approval of the conservator's resignation, establish that the assets are within the jurisdictional limits of the small conservatorship proceeding, request the appointment of the clerk of the court as successor conservator, and attach the consent of the clerk of the court to appointment. Because the clerk's consent is required, the court will not grant a petition to change to small conservatorship if the clerk declines to serve.

The rule requires the conservator to file an accounting with the resignation petition so that the clerk of the court, if appointed, will not have to review and approve the prior conservator's accounts.

(Amended April 28, 2006, effective July 1, 2006.)