§560:3-201 - Venue for first and subsequent estate proceedings; location of property. - Hawaii Statutes

PART 2.  VENUE FOR PROBATE AND ADMINISTRATION;

PRIORITY TO ADMINISTER; DEMAND FOR NOTICE

 

     §560:3-201  Venue for first and subsequent estate proceedings; location of property.  (a)  Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

     (1)  In the judicial circuit where the decedent had the decedent's domicile at the time of the decedent's death; or

     (2)  If the decedent was not domiciled in this State, in any judicial circuit where property of the decedent was located at the time of the decedent's death.

     (b)  Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 560:1-303 or subsection (c).

     (c)  If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

     (d)  For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office.  Commercial paper, investment paper, and other instruments are located where the instrument is.  An interest in property held in trust is located where the trustee may be sued. [L 1996, c 288, pt of §1]