§560:1-301 - Territorial application. - Hawaii Statutes

PART 3.  SCOPE, JURISDICTION, AND COURTS

 

     §560:1-301  Territorial application.  Except as otherwise provided in this chapter, this chapter applies to:

     (1)  The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this State;

     (2)  The property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State;

     (3)  Incapacitated persons and minors in this State;

     (4)  Survivorship and related accounts in this State; and

     (5)  Trusts subject to administration in this State. [L 1996, c 288, pt of §1]

 

Case Notes

 

  Circuit court properly ruled it did not have jurisdiction to open probate proceedings where appellant failed to prove decedent was domiciled in Hawaii or owned property located in Hawaii.  88 H. 148, 963 P.2d 1124.

  Property held in federal custody at the time of circuit court proceedings may not serve as the jurisdictional basis for a Hawaii probate proceeding under paragraph (2).  88 H. 148, 963 P.2d 1124.