Haw. Prob. R. 76

When a proceeding is brought that is ancillary to a probate proceeding in another jurisdiction, the petitioner, in addition to the pleadings normally required for the proceeding, shall file with the court prior to the issuance of Ancillary Letters Testamentary or Letters of Administration a certified copy of the domiciliary proceeding's (a) order of probate or administration; (b) letters testamentary or letters of administration; (c) will and any codicils admitted to probate in the domiciliary jurisdiction; and (d) any documents closing the domiciliary proceeding. Documents from a foreign jurisdiction shall be exemplified or have attached thereto an apostille.

COMMENTARY:

It should be noted that a domiciliary foreign personal representative, under HRS §§ 560:4-204 and 4-205, may acquire all the powers of a local personal representative simply by filing certified copies of its appointment and any bond with the court, and, under Rule 95 of these Rules, may request a document acknowledging the authority thereby acquired. Neither an informal nor a formal ancillary proceeding seeking appointment as a local personal representative is necessary. However, if an ancillary proceeding is initiated, then the documents in this Rule 76 must be filed.

(Amended November 12, 1997, effective December 15, 1997; further amended June 15, 2010, effective July 1, 2010; further amended May 23, 2017, effective July 1, 2017.)