Rule 69 - Notice; Flag SheetIf court confirmation of the sale is sought, the following procedures shall apply:
(a) Method of Notice. The petitioner shall prepare a notice of the petition for confirmation of sale and shall serve the notice on the prospective buyer and all persons interested in the property or the proceeds thereof. The petitioner shall post a copy of the notice at the courthouse. The petitioner shall set forth on the first page of the notice the offering price, the required minimum bid price, and the tax map key number(s) for the property being sold. (b) Newspaper Publication. The personal representative may publish the notice in a newspaper in the circuit where the property is located. The court, upon petition of an interested person or upon its own motion, filed within 10 days of the filing of the petition for confirmation of sale, may order publication in the newspaper. (c) Failure of Notice. When the personal representative does not cause the notice to be posted or served within the time required by statute, the court may continue the hearing on the petition for confirmation of sale to the next available hearing date. The court will accept written offers (overbids) until the time of the rescheduled hearing. The personal representative shall prepare the amended notice of hearing for the rescheduled hearing date and serve it on the same persons who were served with the notice of the original petition. (d) Flag Sheet. A flag sheet shall be presented pursuant to Rule 81 for any hearing on a petition that seeks confirmation of sale of real property. Amended November 12, 1997, effective 12/15/1997; amended May 15, 2008, effective 7/1/2008.COMMENTARY:
This rule clarifies the provisions of HRS § 531-29, relating to confirmations of sale of real property, by normally waiving the need for published notice and requiring notice to the proposed buyer and the beneficiaries of the estate who would otherwise be entitled to the real property. The posted notice is required to have certain information on its first page, because often the notices run over one page, and are posted behind glass, making it difficult for potential bidders to gain access to the complete information required. Because notice must be posted at least 15 days prior to the hearing, the rule provides for continuances, and in the interest of getting the best price for the estate, allows further bids up to the time of the continued hearing.
A reference to the flag sheet requirement of Rule 81 is added for clarity.