Free Probate Flagsheet 1A -  Petition re Will, etc. - All

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Hearing Date: FLAG SHEET NO. 1-A (Petition for Probate of Will and Appointment of Personal Representative) Probate No. (Attorney or Pro Se Party) Tel. No. Estate of

I.

Death Certificate The death certificate actually shows the following information: 1. 2. 3. Name of decedent in full: Date of death: 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? If "No," continue. If "Yes," you may skip to section IV. Yes No

(Note to attorney: 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 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. 2. 3.

Is the will or codicil self-proved? If "No," state the name of the attesting witness: Proof of will or codicil is by Affidavit: Yes No Oral testimony: Yes No

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) If "No," were waivers of notice obtained and filed for all interested persons other than those served under 2 above?

Yes

No

3.

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. 2.

Does the petition name the person with the highest priority?

Yes

No

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? Yes No

Name

3.

Does the petition request the appointment of the proposed PR without bond? If "Yes," is bond waived by will?

Yes Yes

No 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 to attorney: Anything beyond the normal and ordinary probate matters shall be specified in this classification as special or unusual matters.) 1. 2. Special matters requested? If "Yes," enumerate such special matters. Yes No

VII.

Objection or Opposition

1. 2.

Are you aware of any opposition or objection to this petition? Yes No 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 ATTORNEY HEREBY CERTIFIES THAT TO THE BEST OF SAID ATTORNEY'S KNOWLEDGE AND BELIEF ALL OF THE FOREGOING FACTS AND FIGURES ARE TRUE AND CORRECT.

Attorney for Petitioner* or pro se Petitioner *only attorneys may sign.