Haw. Prob. R. 154

If, after notice and hearing, the court determines that (a) the missing person's death is reasonably certain from the circumstances of the disappearance, or (b) the person has been missing for a period of at least five years, during which the person has not been heard from and whose absence is not explained after diligent search and inquiry, the court may issue an Order Determining Death. The Order Determining Death shall set forth (a) the likely date and place death occurred based on the evidence, or (b) if the court cannot determine the likely date, the date and place of death as being the date five years after disappearance at the place the missing person was last seen or heard from.

COMMENTARY:

This rule clarifies the two most common situations giving rise to a determination of death: the catastrophic incident where death is certain to have occurred but no body was recovered and the unexplained disappearance. In the former case, the court may set the time and date of disappearance. In the latter case, the statute determines the death to have occurred five years after disappearance. In compliance with State Department of Health requirements, this rule requires the court to include in its order specific wording regarding the timing and place of death.