CLOSING ESTATES; ARRANGEMENTS

Where an estate is ready to be closed but outstanding claims remain, the personal representative shall include in the petition for approval of final accounts or Closing Statement (if any) a description of the arrangements made with the creditor for securing or satisfying the claim. These arrangements may include assumption in writing of the obligation by beneficiaries, posting of a bond or other security in an amount equal to the obligation owed plus twenty percent to cover costs of enforcement and collection where the claim is contingent or unmatured, or other arrangements approved by the court or the creditor. COMMENTARY: HRS § 560:3-810(b) provides the methods by which an estate may be closed, even though there are unsatisfied creditors' claims pending. This rule is intended to encourage the personal representative to work out arrangements with the claimant and present them to the court at the final accounting for approval. (Amended November 12, 1997, effective December 15, 1997.) VI. SALE OF REAL PROPERTY