Haw. Prob. R. 73

A proceeding to determine the heirs of an individual without probate and further administration may be brought where at least five years have passed since the date of the individual's death. The proceeding is commenced by the filing of a petition setting forth (1) the fact of the deceased's death with supporting evidence; (2) that the deceased left real property in the judicial circuit; (3) a description of the law determining those persons who were heirs at law of the deceased at the time of the deceased's death with citations; (4) that no estate of the deceased was previously probated in any jurisdiction; (5) the names and, to the extent known, the addresses of the heirs at law of the deceased at the time of the deceased's death; and (6) to the extent known, the names and addresses of the currently-living heirs at law of the deceased. The petitioner shall serve notice on all known living heirs at law of the deceased and shall publish notice once a week for three consecutive weeks in a newspaper of general circulation in the circuit where the property is located, with the last date of publication no later than ten days prior to the date of the hearing. At the hearing, the court may consider such evidence as is presented by the parties who appear and enter an order determining that the deceased is dead and the names of the deceased's heirs at law at the time of the deceased's death. A proceeding to determine heirs may be brought with respect to more than one individual in a family line in one proceeding. The order determining heirs shall be recorded in the Bureau of Conveyances of the State of Hawaiʻi.

COMMENTARY:

Proceedings to determine the heirs of an individual are frequently required to clear title to real property. This rule provides guidance to a petitioner in the elements required to bring such proceeding and requires notice after diligent inquiry to all interested persons.