TRANSFER OF DEPOSITED WILL

A will deposited with the court may be transferred by the clerk of the court at the expense of the petitioner upon petition of the withdrawing person after notice to all interested persons that establishes that the will is to be presented for probate in another jurisdiction, identifying the jurisdiction and court in which it is to be presented for probate, and attaching a certified copy of an order of the court in the transferee jurisdiction requesting the transfer. If the petition is filed by the personal representative nominated by the will, the court may grant the petition on an ex parte basis; otherwise, the petition may be granted only after notice to all interested parties and hearing. COMMENTARY: This rule allows a deposited will to be transferred for probate in another jurisdiction. The will is transferred directly by the clerk of the court, so that the chances of fraud are decreased. IX. ANCILLARY PROCEEDINGS PREFATORY NOTE: This subpart IX, Ancillary Proceedings, does not apply to applications under Rule 95 of these Rules for issuance of documents that acknowledge authority acquired under HRS §560:4-205.