CONTENT OF ORDER

If, after notice and hearing, the court determines that (a) the missing person's death is reasonably certain from the circumstances of the disappearance, or (b) the person has been missing for a period of at least five years, during which the person has not been heard from and whose absence is not explained after diligent search and inquiry, the court may issue an Order Determining Death. The Order Determining Death shall set forth (a) the likely date and place death occurred based on the evidence, or (b) if the court cannot determine the likely date, the date and place of death as being the date five years after disappearance at the place the missing person was last seen or heard from. COMMENTARY: This rule clarifies the two most common situations giving rise to a determination of death: the catastrophic incident where death is certain to have occurred but no body was recovered and the unexplained disappearance. In the former case, the court may set the time and date of disappearance. In the latter case, the statute determines the death to have occurred five years after disappearance. In compliance with State Department of Health requirements, this rule requires the court to include in its order specific wording regarding the timing and place of death . APPENDIX A Flag Sheet 1-A Petition to Admit a Will to Probate and Appointment of Personal Representative Flag Sheet 1-B Petition for Adjudication of Intestacy Flag Sheet 1-C-C Petition to Appoint a Conservator, and/or for Authority to Compromise a Tort Claim Flag Sheet 1-C-CG Petition to Appoint a Conservator and Guardian, and/or for Authority to Compromise a Tort Claim Flag Sheet 1-D Petition for Confirmation of Sale of Real Property Flag Sheet 1-E Petition for Approval of Final Accounts of a Personal Representative Flag Sheet 1-F Petition for Determination of Elective Share Hearing Date: FLAG SHEET NO. 1-A (Petition for Probate of Will and Appointment of Personal Representative) Probate No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Estate of I. Death Certificate The death certificate actually shows the following information: 1. Name of decedent in full: 2. Date of death: 3. Marital status: II. Publication Notice 1. Name of decedent as actually published 2. Dates of actual publication (in 3 consecutive weeks): ; ; . III. Affidavit of Attesting Witness for Wills and Codicils HRS §560:2-502(b) provides that a will may be valid as a holographic will “whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.” Is this will presented as a holographic will? Yes No If “No,” continue. If “Yes,” you may skip to section IV. ( Note : No affidavit is required for a self-proved will or codicil. If the will or codicil is not self-proved, one (1) properly executed affidavit of attesting witness is required for 1 of 3 (02/05/013) each will and codicil. The affidavit should include the mandatory language that the “decedent appeared to be of sound mind and under no constraint or undue influence at the time of the execution of the said document.” In the absence of the affidavit of attesting witness, oral testimony is required.) 1. Is the will or codicil self-proved? Yes No 2. If “No,” state the name of the attesting witness: . 3. Proof of will or codicil is by Affidavit: Yes No Oral testimony: Yes No IV. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing, and their relationship to the decedent. Name Relationship 2. Was notice served on all interested persons? (HRS §560:1-401) Yes No 3. If “No,” were waivers of notice obtained and filed for all interested persons other than those served under 2 above? Yes No 4. If “No,” list the names of all interested persons who have not been served and have not waived notice. V. Appointment of Personal Representative (PR) and Bond 1. Does the petition name the person with the highest priority? Yes No 2 of 3 (02/05/013) 2. If “No,” list or attach a list of the name of those persons who have higher or equal priority with the proposed PR, and whether their renunciation and consent to the appointment of the proposed PR have been obtained and filed. Consent to Appointment Filed? Name Yes No 3. Does the petition request the appointment of the proposed PR without bond? Yes No If “Yes,” is bond waived by will?Yes No If bond is not waived by will, state the reason for this request and include the relationship of the proposed PR to the decedent or beneficiaries. 4. If the appointment of the PR is with bond, state the amount of the bond requested. $ . VI. Prayer for Special Matters ( Note: Anything beyond the normal and ordinary probate matters shall be specified in this classification as special or unusual matters.) 1.Special matters requested? Yes No 2. If “Yes,” enumerate such special matters. VII. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the decedent or beneficiaries) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. ____________________________________ Attorney for Petitioner or Pro Se Petitioner 3 of 3 (02/05/013) Hearing Date: FLAG SHEET NO. 1-B (Petition for Adjudication of Intestacy) Probate No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Estate of I. Death Certificate The death certificate actually shows the following information: 1. Name of decedent in full: 2. Date of death: 3. Marital status: II. Publication Notice 1. Name of decedent as actually published 2. Dates of actual publication (in 3 consecutive weeks): ; ; . III. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing, and their relationship to the decedent. Name Relationship 1 of 3 (02/05/013) 2. Was notice served on all interested persons? (HRS §560:1-401) Yes No 3. If “No,” were waivers of notice obtained and filed for all interested persons other than those served under 2 above? Yes No 4. If “No,” list the names of all interested persons who have not been served and have not waived notice. IV. Consent, Renunciation & Waiver (CRW) 1. Does the petition name the person with the highest priority to be appointed? Yes No 2. If “No,” list or attach a list of the names of those persons who have higher or equal priority with the proposed PR, and whether their consent, renunciation and waiver (CRW) have been obtained and filed. CRW Filed? Name Yes No V. Bond (Personal Representative (PR)) 1. Does the petition request the appointment of the proposed PR without bond? Yes No State the reason for this request and include the relationship of the proposed PR to the decedent or heirs. VI. Prayer for Special Matters ( Note : Anything beyond the normal and ordinary probate matters shall be specified in this classification as special or unusual matters.) 1.Special matters requested?Yes No 2. If “Yes,” enumerate such special matters. 2 of 3 (02/05/013) VII. Existence of a Will That is Not Being Probated 1. Are you aware of any will that for any reason is not being offered for probate? Yes No 2. If “Yes,” state briefly the reason why the will is not being offered for probate, and list any persons entitled to notice under said will who are not entitled to notice under this Petition for Adjudication of Intestacy. VIII. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the decedent or beneficiaries) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 3 of 3 (02/05/013) Hearing Date: FLAG SHEET NO. 1-C-C (Petition for Appointment of Conservator and Authority to Compromise Claim) C. No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Name of Respondent I. Respondent 1. The Respondent is a(n): a. Minor: Yes Age If Yes, will the minor have attained the age of fourteen by the date of the hearing? Yes No b. Adult (incapacitated) : Yes Age 2. Has the Respondent's attendance been excused? Yes No (HRS §560:5-408(a)) II. Appointment of Conservator 1. State the relationship of the proposed Conservator to the Respondent. 2. Is there any person who has higher priority to be appointed Conservator? Yes No 3. If “Yes,” list the name(s) of the person(s) who have higher priority, and whether waiver(s) of their right to be appointed Conservator have been filed. Waiver Filed? Name Yes No 1 of 4 (02/05/013) 4. If the Respondent is a minor, 14 years or older, has the minor filed a nomination? Yes No 5. If “Yes,” state the name of the person nominated and the relationship of that person to the Respondent. 6. Has the proposed Conservator's attendance been excused? Yes No (HRS §560:5-408(a)) III. Property (The Respondent's Assets) 1. Estimated dollar value of property a. Real Property $ b. Personal Property $ Total Value $ 2. If the Respondent has a claim for damages, describe the nature of the claim, the amount of the settlement offer, and whether the offer is fair and reasonable in light of all the circumstances of the claim. IV. Deposit 1. Deposit of the property shall be in accordance with Rule 107(c) of the Hawaii Probate Rules. Yes No 2. If “No,” state the method of deposit. V. Withdrawals 1. State the amount requested, if any, for the support and maintenance of the Respondent: $ per month 2. In the case of a minor, if there is a requested allowance, what is the gross family income per month of the person(s) responsible for the support of the minor? $ per month 3. State the amount requested, if any, for extraordinary withdrawals, and the reason therefor: $ VI. Accounting Period Requested Check one of the following: (1) Annual ; (2) Biennial ; (3) Triennial ; (4) Other . State the accounting period: 2 of 4 (02/05/13) VII. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing, and their relationship to the Respondent. Name Relationship 2. Was the petition and notice personally served on the Respondent? (HRS §560:5-309; 5-404; 5-406(c)) Yes No 3. Was notice served on all interested persons? (HRS §560:5-309; 5-404; 1-401) Yes No 4. If “No,” were waivers of notice obtained and filed for all interested persons other than those served under 3 above? Yes No 5. If “No,” list the names of all interested persons who have not been served and have not waived notice. VIII. Limitations on Conservatorship 1. Is Limited or Unlimited Conservatorship requested? Limited Unlimited (HRS § 560:5-403(c)(3), 5-409(b)) 2. Explain: IX. Recommendation of Kokua Kanawai (Applicable ; Not applicable .) The Kokua Kanawai's specific recommendations are: (a) Need for a Conservator exists? Yes No (b) Should a Guardian ad Litem be appointed? Yes No (c) Appointment of Petitioner?Yes No (d) Accounting period (specify) (e) Limited or Unlimited Conservatorship? Limited Unlimited 3 of 4 (02/05/013) (f) Other: X. Estimated Fees 1. Kokua Kanawai $ 2. Attorney for Petitioner $ 3. Attorney or Guardian ad Litem for Respondent $ XI. Bond 1. Is the appointment of the Conservator with bond? Yes No 2. If “Yes,” state the amount of the bond requested. $ XII. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the Respondent or proposed Conservator) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 4 of 4 (02/05/013) Hearing Date: FLAG SHEET NO. 1-C-CG (Petition for Appointment of Conservator and Guardian and Authority to Compromise Claim) CG. No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Name of Respondent I. Respondent 1. The Respondent is an adult: Yes Age 2. Has the Respondent's attendance/participation been excused? Yes No (HRS §560:5-308(a), -408(a)) II. Appointment of Conservator and Guardian A. Proposed Conservator 1. State the relationship of the proposed Conservator to the Respondent. 2. Is there any person who has higher priority to be appointed Conservator? Yes No 3. If “Yes,” list the name(s) of the person(s) who have higher priority, and whether waiver(s) of their right to be appointed Conservator have been filed. Waiver Filed? Name Yes No 4. Has the proposed Conservator's attendance been excused? Yes No (HRS §560:5-408(a)) 1 of 4 (02/05/013) B. Proposed Guardian 1. State the relationship of the proposed Guardian to the Respondent. 2. Is there any person who has higher priority to be appointed Guardian? Yes No 3. If “Yes,” list the name(s) of the person(s) who have higher priority, and whether waiver(s) of their right to be appointed Guardian have been filed. Waiver Filed? Name Yes No 4. Has the proposed Guardian's attendance been excused? Yes No (HRS §560:5-308(a)) III. The Respondent's Assets 1. Estimated dollar value of property a. Real Property $ b. Personal Property $ Total Value $ 2. If the Respondent has a claim for damages, describe the nature of the claim, the amount of the settlement offer, and whether the offer is fair and reasonable in light of all the circumstances of the claim. IV. Deposit 1. Deposit of the property shall be in accordance with Rule 107(c) of the Hawaii Probate Rules. Yes No 2. If “No,” state the method of deposit. V. Withdrawals 1. State the amount requested, if any, for the support and maintenance of the Respondent: $ per month 2. State the amount requested, if any, for extraordinary withdrawals, and the reason therefor: $ 2 of 4 (02/05/013) VI. Accounting Period Requested Check one of the following: (1) Annual ; (2) Biennial ; (3) Triennial ; (4) Other . State the accounting period: VII. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing, and their relationship to the Respondent. Name Relationship 2. Was the petition and notice personally served on the Respondent? (HRS §560:5-309; 5-404; 5-406(b)) Yes No 3. Was notice served on all interested persons? (HRS §560:5-309; 5-404; 1-401) Yes No 4. If “No,” were waivers of notice obtained and filed for all interested persons other than those served under 3 above? Yes No 5. If “No,” list the names of all interested persons who have not been served and have not waived notice. VIII. Limitations on Conservatorship and/or Guardianship A. Conservatorship 1.Is Limited or Unlimited Conservatorship requested? (HRS § 560:5-403(c)(3), 5-409(b)) Limited Unlimited 2. Explain: B. Guardianship 1.Is Limited or Unlimited Guardianship requested? (HRS § 560:5-304(b)(9), 5-311(b)) Limited Unlimited 2. Explain: 3 of 4 (02/05/013) IX. Recommendation of Kokua Kanawai (Applicable ; Not applicable .) The Kokua Kanawai's specific recommendations are: (a) Need for a Guardian and Conservator exists? Yes No (b) Should a Guardian ad Litem be appointed? Yes No (c)Appointment of Petitioner? 1. As Conservator? Yes No 2.As Guardian?Yes No (d) Accounting period (specify) (e) Limited or Unlimited? 1. Conservatorship? Limited Unlimited 2. Guardianship? Limited Unlimited (f) Other: X. Estimated Fees 1. Kokua Kanawai $ 2. Attorney for Petitioner $ 3. Attorney or Guardian ad Litem for Respondent $ XI. Bond 1. Is the appointment of the Guardian with bond? Yes No 2. If “Yes,” state the amount of the bond requested. $ 3. Is the appointment of the Conservator with bond? Yes No 4. If “Yes,” state the amount of the bond requested. $ XII. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the Respondent or proposed Conservator and/or Guardian) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 4 of 4 (02/05/013) Hearing Date: FLAG SHEET NO. 1-D (Petition for Confirmation of Sale) Probate No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Estate of I. Property State the following information: 1. Address of the property: 2. Tax Map Key Number: II. Appraisal 1. Has an appraisal been filed? Yes No 2. If “Yes,” state the appraised value. $ 3. If “No,” state the reasons why no appraisal has been filed. III. Offer 1. State the amount of the offer. $ 2. State the names(s) of the buyer(s), and their relationship, if any, to the estate, personal representative, or attorney. IV. Affidavit of Posting at Courthouse (Notice of Sale) Date the Notice was posted (at least 15 days prior to hearing): 1 of 3 (02/05/013) V. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing. Basis Upon Which Person Name is Entitled to Notice 2. Was notice served on all interested persons by first class mail, postage prepaid? Yes No 3. If “No,” were waivers of notice obtained and filed for all interested persons? Yes No 4. If “No,” list the names of all interested persons who have not been served. VI. Minimum Bid Price (HRS §531-29) $ VII. Fees 1. Broker a. Seller’s Broker % $ b. Buyer’s Broker % $ c. Total Amount of Commission % $ 2. Personal Representative $ 3. Attorney $ VIII. Financing 1. Cash Sale Yes No 2. If “No,” describe the terms of the sale. 2 of 3 (02/05/013) IX. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the decedent or beneficiaries) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 3 of 3 (02/05/013) Hearing Date: FLAG SHEET NO. 1-E (Petition for Approval of Final Accounts) Probate No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Estate of I. Publication Notice 1. Name of decedent as actually published 2. Dates of actual publication (in 3 consecutive weeks): ; ; . II. Tax (Estate or Transfer Tax) 1. Has a receipt, certificate, or release from the Taxation Department been filed? Yes No 2. If “No,” will it be filed by the date of the hearing? Yes No III. Inventory 1. State the date of decedent’s death: 2. State the value of the estate at death: $ IV. Approvals by Beneficiaries 1. List the names of all residuary beneficiaries under the will, or by intestacy, and state whether their approvals have been filed. 1 of 3 (02/05/013) Approval Filed? Name Yes No 2. Have all receipts for specific bequests been filed? Yes No 3. If “No,” list such specific devisees under item No. 1 above. V. Proof of Service 1. List or attach a list of all interested persons who are entitled to notice of hearing. Basis Upon Which Person Name Is Entitled to Notice 2. Was notice served on all interested persons? (HRS §560:1-401) Yes No 3. If “No,” were waivers of notice obtained and filed for all interested persons other than those served under 2 above? Yes No 4. If “No,” list the names of all interested persons who have not been served. VI. Fees Has the court been requested to review the reasonableness of the compensation of any person employed by the personal representative or the reasonableness of the compensation determined by the personal representative as reasonable for the personal representative’s own services pursuant to HRS §560:3-721? Yes No An affidavit detailing the hourly rate and time spent for the services provided must be filed. 2 of 3 (02/05/013) VII. Prayer for Special Matters ( Note : Anything beyond the normal and ordinary probate matters shall be specified in this classification as special or unusual matters.) 1.Special matters requested? Yes No 2. If “Yes,” enumerate such special matters. VIII. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the decedent or beneficiaries) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 3 of 3 (02/05/013) Hearing Date FLAG SHEET NO. 1-F (Petition for Determination of Elective Share) Probate No. (Attorney for Petitioner or Pro Se Petitioner) Tel. No. Estate of For estates of decedents dying on or before January 1, 1997, skip to Item VI, Objection or Opposition. I. Timeliness of Election (HRS §560:2-211(a), (b)) 1. Date of Death: 2. Date of Probate of Will: 3. Date of Extension Granted by the Court, if any: II. Persons Entitled to Notice 1. List the names of all interested persons (HRS §560:1-401) and state whether they have been notified of this proceeding. Notified? Name Yes No 2. List all persons interested in the decedent’s nonprobate transfers to others (HRS §560:2-211(b)) and state whether they have been notified of this proceeding. 1 of 3 (02/05/013) Notified? Name Yes No III. Elective Share Percentage 1.a. For how many years were the surviving spouse and the decedent married to each other? years or b. For how many years were the surviving reciprocal beneficiary and the decedent in a reciprocal beneficiary relationship? years 2. State the elective share percentage that corresponds to the years stated in item 1. (HRS §560:2-202(a)). percent IV. Augmented Estate Summarize, by stating the value of the following: 1. . Decedent’s net probate estate (HRS §560:2-204) $ 2. Decedent’s nonprobate transfers to others (HRS §560:2-205) $ 3. Decedent’s nonprobate transfers to the surviving spouse (HRS §560:2-206) $ 4. The surviving spouse’s property and nonprobate transfers to others (HRS §560:2-207) $ 5. The amount of any exclusions pursuant to HRS §560:2-208(a) $ 6. Any property excluded to avoid overlapping application pursuant to HRS §560:2-208 $ State the value of the augmented estate $ 2 of 3 (02/05/013) V. Determination of Elective Share Amount State the value of the elective share amount (the elective share percentage of the augmented estate, HRS §560:2-202). $ VI. Objection or Opposition 1. Are you aware of any opposition or objection to this petition? Yes No 2. If “Yes,” state by whom (include the relationship of the objector to the decedent or beneficiaries) and the grounds for the objection, if known. THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF SAID INDIVIDUAL’S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT. Attorney for Petitioner or Pro Se Petitioner 3 of 3 (02/05/013) EXHIBIT A MEDIATION RULES FOR PROBATE, TRUST, CONSERVATORSHIP, AND GUARDIANSHIP (MEDIATION RULES) Adopted and promulgated by the Supreme Court of the State of Hawaiʻi, August 23, 1996, effective October 1, 1996.