Court Safekeeping of Original Wills in Hawaii

Short answer Hawaii's § 560:2-515 is reserved. The cited live provisions address a will after death: on an interested person's request, a custodian must deliver it promptly to someone able to secure probate or deposit it with an appropriate court if no such person is known. A conservator holding a deceased protected person's will has a similar duty and must inform the personal representative or a named beneficiary.
State
Hawaii
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Statutory safekeeping route§ 560:2-515 reserved; cited §§ 560:2-516 and 560:5-428 govern postdeath delivery or deposit.
Who may depositPostdeath custodian on interested person's request; conservator of deceased protected person (§§ 560:2-516, 560:5-428).
Proper court or clerkAppropriate court if no person able to secure probate is known (§§ 560:2-516, 560:5-428).
Envelope and filing recordCited postdeath provisions do not specify a lifetime deposit wrapper or record (§§ 560:2-515 to -516).
Fee and receiptCited postdeath provisions do not set a lifetime safekeeping fee or receipt (§§ 560:2-515 to -516).
Custody before death§ 560:2-515 is reserved; cited duties begin after death.
Retrieval before death§ 560:2-515 is reserved; cited duties address postdeath delivery.
Notice after deathConservator informs personal representative or named beneficiary of delivery; ordinary custodian duty follows request (§§ 560:5-428, 560:2-516).
Opening and release after deathDeliver to probate-capable person or deposit with appropriate court if none known; willful failure can lead to damages or contempt (§§ 560:2-516, 560:5-428).

Current court custody procedure

Haw. Rev. Stat. § 560:2-515 is marked “Reserved.” The adjacent § 560:2-516 applies after death and on an interested person's request. It directs a custodian to deliver the will with reasonable promptness to a person able to secure probate or, if none is known, deposit it with an appropriate court. This is a postdeath duty, not a stated lifetime safekeeping route.

Section 560:5-428 separately directs a conservator holding a deceased protected person's will to deliver it promptly to a probate-capable person or, if none is known, deposit it with an appropriate court. The conservator must tell the personal representative or a named beneficiary of the delivery.

What trips people up

The ordinary custodian duty in § 560:2-516 expressly follows an interested person's request; the conservator duty in § 560:5-428 is triggered by the protected person's death. Under § 560:2-516, knowing and willful failure can result in damages and possibly treble damages, while disobeying a delivery order can result in contempt.

Common questions

Where does a will go if no probate-capable recipient is known? Sections 560:2-516 and 560:5-428 direct deposit with an appropriate court.

Must a conservator inform anyone of delivery? Yes. Section 560:5-428 names the personal representative or a beneficiary named in the will.

Statutes and sources

  • Haw. Rev. Stat. §§ 560:2-515, -516 and 560:5-428: current official text, quoted with source URLs and access dates above.

Source links

Every statute quoted above, linked, with the date we checked it.

Haw. Rev. Stat. § 560:2-515 · accessed 2026-10-05
Haw. Rev. Stat. § 560:2-516 · accessed 2026-10-05
Haw. Rev. Stat. § 560:5-428 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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