DISTRIBUTION TO MISSING PERSONS

If a beneficiary entitled to a portion of the estate cannot be located at the time of distribution, then the personal representative shall deal with such beneficiary's share of the estate pursuant to the provisions of Hawaiʻi Revised Statutes Section 560:3-914. Such distribution shall be reflected in the court order approving the distribution of assets and shall be filed by the clerk under the same P. No. as the original proceeding. COMMENTARY: Rarely, a beneficiary's address is unknown or is lost during the administration of the estate. In such instances, HRS § 560:3-914 allows the fiduciary to transfer the assets to the person's conservator, if any, or otherwise to the State. This rule clarifies that the transfer shall be made pursuant to court order and shall be carried in the same case number as the probate. (Amended November 12, 1997, effective December 15, 1997.)