Bill Text: HI SB2378 | 2024 | Regular Session | Introduced


Bill Title: Relating To The Uniform Probate Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-22 - Referred to JDC. [SB2378 Detail]

Download: Hawaii-2024-SB2378-Introduced.html

THE SENATE

S.B. NO.

2378

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIFORM PROBATE CODE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to correct an oversight in Act 158, Session Laws of Hawaii 2023, which updated articles I through IV of the Uniform Probate Code to adjust for inflation, clarify provisions, resolve issues that have arisen in probate practice, and address societal changes in familial relations.  Specifically, this Act reduces the number of required publications of a notice to creditors by a trustee to once a week for two successive weeks, consistent with the amendments Act 158 made to publication requirements applicable to probate matters generally.

     SECTION 2.  Section 560:3-801, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The trustee or successor trustee of any trust created by the decedent may publish a notice to creditors once a week for [three] two successive weeks in a newspaper of general circulation in the judicial circuit in which either:

     (1)  The decedent was domiciled; or

     (2)  An application or petition for appointment of personal representative is filed announcing the trustee's name and address, and notifying creditors of the decedent to present their claims to the trustee within four months after the date of the first publication of the notice or be forever barred.

The notice may be combined with the published notice of the pendency of any probate or appointment proceedings."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Judiciary Package; Uniform Probate Code

 

Description:

Updates the Uniform Probate Code by reducing the number of required publications of a notice to creditors by a trustee to once a week for two successive weeks, consistent with amendments made by Act 158, SLH 2023, to publication requirements applicable to probate matters generally.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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