Court Safekeeping of Original Wills in Hawaii
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 deposit | Postdeath custodian on interested person's request; conservator of deceased protected person (§§ 560:2-516, 560:5-428). |
| Proper court or clerk | Appropriate court if no person able to secure probate is known (§§ 560:2-516, 560:5-428). |
| Envelope and filing record | Cited postdeath provisions do not specify a lifetime deposit wrapper or record (§§ 560:2-515 to -516). |
| Fee and receipt | Cited 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 death | Conservator informs personal representative or named beneficiary of delivery; ordinary custodian duty follows request (§§ 560:5-428, 560:2-516). |
| Opening and release after death | Deliver 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.
What does Hawaii law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Hawaii law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace