Haw. Prob. R. 86
Where a proceeding has been terminated and thereafter additional assets of the deceased are discovered that were not administered in the proceeding, the personal representative or other interested person may petition the court to reopen the proceeding for the purpose of administering the asset. The petition shall include statements that the creditors' claims and estate and transfer taxes, if any, have been fully satisfied, or explain to what extent they were not originally satisfied. Where the asset needs only to be distributed pursuant to court order, and all taxes and claims have been settled, the personal representative or interested person may petition the court for an amended order of distribution of the estate to include the newly discovered property. The court shall order distribution of the newly discovered property to the appropriate persons and determine whether the personal representative or interested persons and the attorney are entitled to additional fees, cost, and expenses, and the amount thereof.
Haw. Prob. R. 86
COMMENTARY:
This rule addresses the situation of a forgotten asset and the need for an order distributing the asset (such as a small real property interest). This allows the amendment of the order of distribution to include the newly-discovered property and can often be completed on an ex parte basis. However, such a short-cut procedure cannot be used where the asset forms a large share of the estate and creditors' claims or tax claims were not fully satisfied in the proceeding. The court may allow reasonable fees and costs for the petition and transfer based on the effort expended.