STAND. COM. REP. NO.2444

Honolulu, Hawaii

, 2002

RE: S.B. No. 2629

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2629 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM PROBATE CODE,"

begs leave to report as follows:

The purpose of this measure is to clarify the time limits within which to contest a probated will, and to bar the claims of creditors against a probated estate unless the personal representative mails notice to the claimant of the sixty-day impending bar to claims.

Testimony in support of this measure was received from the Judiciary, Committee on the Uniform Probate Code and Probate Court Practices, and Hawaii Bankers Association.

According to the testimony, this measure is intended to:

(1) Shorten the time limitation period in which to contest a probated will by allowing an informal probate to be closed without fear of a will contest after-the-fact; and

(2) Set a reasonable deadline for creditors to challenge a probated will.

Your Committee has amended this measure by making technical, nonsubstantive changes for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2629, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2629, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair