Haw. Prob. R. 48

(a) Permissible Delegation. In addition to duties and powers exercised as registrar in informal proceedings, the court by written order may delegate to the clerk or deputy clerks any one or more of the following duties, powers, and authorities to be exercised under the supervision of the court:

(1) to set a date for hearing on any matter and to vacate any such setting;

(2) to issue letters or subpoenas;

(3) to certify copies of documents filed in the court;

(4) to correct any clerical error in documents filed in the court;

(5) to transfer a will to another jurisdiction pursuant to Rule 74 of these Rules;

(6) to enter estate closing orders in supervised and formal proceedings, if there is no objection to entry of such order by any interested person; or

(7) to direct the refiling of a document in conformance with Rules 50, 100, 125, 141, or 151 of these Rules without negating the effective date of the filing for purposes of the statute of limitations or other applicable deadlines.

(b) Entry of Orders. The clerk shall enter and file all orders made and proceedings had by the clerk or deputy clerks in the permanent record of the case to which the order or proceeding pertains.

(c) Vacation and Effect of Orders. Any interested person affected by an order entered or an action taken under the authority of this Rule may have the matter heard by the court by filing a petition for hearing within 10 days after entry of the order or taking of the action. Upon filing of a petition, the order or action in question shall be vacated and the petition placed on the calendar of the court for the next available hearing date, and the matter shall then be heard by the judge. The court may, within the same 10-day period, vacate the order or action on the court's own motion. If a petition for hearing by the court is not filed within the 10-day period, or the order or action is not vacated by the court on its own motion within such period, the order or action of the clerk or deputy clerks shall be final as of its date subject to normal rights of appeal. The acts, records, and orders of the clerk or deputy clerks not vacated pursuant to the foregoing provision shall have the same force, validity, and effect as if made by a judge.

(d) Updating of Letters. A fiduciary at any time may request upon payment of the appropriate fee that the clerk of the court issue updated copies of the letters previously issued to the fiduciary and currently in effect, and the clerk shall certify on the face of the updated letters that they are still in full force and effect if more than 3 years from the date the letters were originally issued has not elapsed or any renewal period has not expired.

COMMENTARY:

The fact and date of filing of a document subsequently refiled under Rule 48(a)(7) of this Rule will be maintained in the court record and may preserve any applicable statute of limitations. The definition of "Letters" in Hawaiʻi Revised Statutes, Section 560:1-201 provides that letters testamentary and letters of administration are effective for only 3 years, unless renewed for good cause. Rule 48(d) of this Rule has been revised to reflect this limitation.

(Amended November 12, 1997, effective December 15, 1997; further amended April 28, 2006, effective July 1, 2006; further amended September 26, 2019, effective October 28, 2019.)