Haw. Prob. R. 51

A party required to serve notice upon an interested person of the filing of a petition shall serve a copy of the pleading, the order setting time and place of hearing (if any), and will and codicils (if any), and any other documents relating to the pleading. Published notice to other interested parties shall be combined with the notice to creditors of the estate (if any), unless notice to creditors was previously published with respect to the same deceased. If a hearing is required, prior to the time set for hearing, the party shall file (a) a proof of service, with return receipts showing all persons who received service, and a statement setting forth the attempts to notify any persons who did not receive notice, along with (b) any general notice published in accordance with statute.

COMMENTARY:

This rule clarifies what documents are to be served on an interested person at the commencement of a probate proceeding. In addition, it mandates combined circuit court notice and notice to creditors (as has long been the practice), unless the notice to creditors has been previously filed, in which case the circuit court notice (if required) may be published separately. Published notice to interested persons is not required in informal proceedings (HRS § 560:3-301) but is required in formal and some small estate proceedings (HRS §§ 560:3-403(a), 560:3-1206(a)). The rule further provides that, where efforts to contact a particular person have been unsuccessful or unresponsive, the published notice will be deemed to have been sufficient service, so that the granting of any petition or application not be delayed. Rule 8 allows interested parties to appear later in the proceeding if they can establish that the attempted service was unreasonable.

(Amended November 12, 1997, effective December 15, 1997.)