STAND. COM. REP. NO. 3676

Honolulu, Hawaii

RE: H.B. No. 1915

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1915 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM PROBATE CODE,"

begs leave to report as follows:

The purpose and intent of this measure is to update the Uniform Probate Code by reducing the number of required publications of a notice to creditors by a trustee to once a week for two successive weeks, consistent with amendments made by Act 158, Session Laws of Hawaii 2023, to publication requirements applicable to probate matters generally.

Your Committee received testimony in support of this measure from the Judiciary, Commission to Promote Uniform Legislation, and one individual.

Your Committee finds that Act 158, Session Laws of Hawaii 2023 (Act 158), among other amendments, amended the Uniform Probate Code under section 501:3-801(a), Hawaii Revised Statutes, to require the petitioner to file a notice to creditor from once a week for three weeks to once a week for two weeks. Act 158 inadvertently did not amend the frequency requirements for a trustee or successor trustee to file notices to creditors, which remained at once a week for three weeks. Your Committee believes that having consistent provisions is necessary for the efficiency of the probate and trust administration process. Therefore, the purpose of this measure is to harmonize the requirements for trustees and successor trustees with the requirements for petitioners so that notices to creditors, whether filed by a petitioner or by trustees or successor trustees, would be once a week for two successive weeks.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1915, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair