§551-21 - Small estates; clerk of the court to act when. - Hawaii Statutes

GUARDIANS AND DISPOSITION OF SMALL ESTATES

 

     §551-21  Small estates; clerk of the court to act when.  Whenever so requested as provided in section 560:5-403, the court may appoint the clerk of the court of that circuit as conservator of the protected person whose estate is of a value of less than $10,000 who shall serve in such capacity, with the full powers of and under like obligations as other conservators appointed under this chapter and chapter 560, except that the clerk shall not be required to give any bond; nor shall the clerk be entitled to any commission or compensation except for expenses necessarily and actually incurred, nor shall the clerk or the protected person or the estate of the protected person be liable for any court costs arising out of the guardianship, except the actual cost of any advertising found necessary.  The right of the clerk to act as the conservator shall not be affected by reason of any increase of the estate to an amount in excess of $10,000 as the result of any accumulations of income accruing from the original principal of the estate or by the increase in value of the principal; provided that if the estate reaches in value the sum of $16,250, a conservator shall then be appointed under the preceding sections of this chapter or the court, in its discretion, may allow the conservator appointed under this section to continue to act even though the total assets exceed $16,250. [L 1927, c 168, §1; RL 1935, §4854; am L 1939, c 119, §1; am L 1943, c 193, §2; RL 1945, §12504; am L 1947, c 96, §1; RL 1955, §338-5; am L 1965, c 6, §1; HRS §551-21; am L 1976, c 200, pt of §1; gen ch 1985; am L 1987, c 327, §1; am L 1998, c 44, §2; am L 2004, c 161, §17]

 

Rules of Court

 

  Small conservatorships, see HPR rule 112.