Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow is a commonly used form within Hawaii. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow:

• This form pertains to the State of Hawaii

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Hawaii’s Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Hawaii form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Hawaii probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow, take a break, and then review. Probate and estate settlement processes in HI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Hawaii.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Hawaii can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Hawaii. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Hawaii is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Hawaii probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Hawaii probate clerk or court for exact answers regarding Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow, and when in doubt— consult a qualified trust & estates lawyer for that area.

Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow is one of the many probate court forms available for download through Atticus.

It may also be available through some Hawaii probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Hawaii.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Hawaii probate court office.

Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Hawaii-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Hawaii Form Letter To Advise Personal Representative Of The Nature And Extent Of The Duties Of Office And Procedures Which Follow. You can use this to get an idea of the context of the form and what type of information is needed.

Letter to Advise Personal Representative of the Nature and Extent of the Duties of Office and Procedures which Follow Today's Date: __________________ _____________________ _____________________ _____________________ Re: Estate of ___________________, deceased Dear ________________: We have processed the documents which you recently signed, and on ______________ you were appointed Personal Representative of the estate. The Clerk of the Court issued your Letters, ___________ certified copies of which are enclosed with this letter for your records. This document is evidence of your appointment and gives you authority to act on behalf of the estate. If anyone should question your authority, please show them this document. You will use a copy in opening a checking account for the estate. In the event that you need additional copies, please contact the office, and we will arrange to obtain them for you. The information contained in this letter is given to you in order to explain the nature of the office which you now hold and in order to provide you with guidance in carrying out your new responsibilities. First, a few definitions are in order: An Executor is a person name in the Will to carry out the desires of the decedent as expressed in the Will and to administer his or her estate under the law. An Executrix is the feminine form of the word Executor. An Administrator is a person appointed by the court to settle the estate in accordance with law where the decedent left no Will. An Administratrix is the feminine form of the word Administrator. Probate, in its narrow meaning, describes the process by which an instrument purporting to be a Will is legally determined to be the effective Last Will and Testament. Probate, in its broader sense, describes the entire process by which a decedent's estate is collected, administered and distributed. Under the Hawaii Probate Code terminology, an Executor, an Executrix, an Administrator, and an Administratrix are all called personal representatives, and you are so designated in your Letters. You are the representative for the purpose of winding up the decedent's affairs. This involves the assembly, collection and valuation of the decedent's assets, the payment of debts, expenses of administration and taxes, and the distribution of the remaining assets to the persons entitled thereto. This is generally described as administering or settling the estate. As personal representative you have a number of responsibilities and duties to the beneficiaries of the estate. [In this regard I am enclosing a pamphlet So Now You Are A Personal Representative which elaborates on your responsibilities.] In general you have duties (1) to deal with the interests of the beneficiaries with impartiality; (2) to administer the estate solely with regard to the interests of the beneficiaries (as opposed to your own interest); (3) the duty of undivided loyalty; and (4) to act prudently. The prudent person standard measures your conduct in management of the assets by you for the benefit of third parties, not as you could manage your own assets. Without the protection of a court order or the informed consent of the affected beneficiaries, you must not enter into any transactions with the estate in which you have a personal interest. As you have questions regarding your conduct and actions as personal representative please raise them with me early on so that we can assist you in properly discharging your responsibilities. The first step in the probate process, using that term in its broad sense, was opening the estate and securing your appointment as Personal Representative. Now that this has been accomplished, the administration of the estate begins. We must assemble, collect and value all of the decedent's assets and prepare an Inventory of these assets within 30 days from the date of your appointment. All of the income of the estate and accounts receivable must be collected and accounted for. Newspaper notice must be published for claims of unknown creditors against the estate. Our office will see that this is done. As to known or reasonably ascertainable creditors, actual written notice must be given, or you have the option not to give such notice and wait the passing of 18 months from date of death limitation period. We will have to discuss the approach to be taken in this estate. Claims can be made either by filing them with the Court or by presentation to you as Personal Representative, either by mail or hand delivery. Claims need not be on a special legal form. Generally, a regular bill or other statement for services will suffice as a legal claim. Under our Probate Code, claims are deemed to be allowed if you, as Personal Representative, do not take steps to disallow them within 60 days after the end of the claim period. Accordingly, it is important that you advise our office of all bills and other claims received by you so that they can be evaluated and proper action taken. Complete records must be kept of all cash and investment transactions. We strongly recommend that all receipts and disbursements be run through the estate checking account. Where the taxable estate exceeds $5,250,000.00, a Federal Estate Tax Return must be prepared, filed and the tax paid within 9 months from the date of death. We may value the property as of the date of death or as of 6 months after date of death for estate tax purposes. We shall discuss this decision in greater detail in the future when we have more information regarding the assets in the estate. The decedent's final income tax returns covering the period beginning on January 1 of this year and ending on the date of death must be prepared and filed if there was sufficient gross income, and any tax due must be paid. As the administration of this estate progresses, we will be in a better position to evaluate the need for filing such returns. If required, the return must be filed and the taxes paid on or before April 15. A federal fiduciary income tax return (Form 1041) for income received by the estate will be required in all years in which the income exceeds $600.00. The beginning of the first year is the date of death, and will normally end on December 31 (or at the end of any other month which we may select, provided that it does not exceed one year from the date of decedent's death). Early in the administration we will determine together the tax year of the estate as well as the need for the preparation and filing of these returns. A Hawaii return (Form N-40) for income received by the estate will generally be required when a federal return is filed. After all known debts, administration expenses and taxes have been paid or provided for, we will then prepare a Final Accounting. In the meantime, depending on the size of the estate and length of the period of administration, we may prepare one or more Interim Accountings. They will be given to the interested parties. Also, if administration of the estate is being supervised by the probate court or if we elect to close the estate in a formal court proceeding, the Final Accounting will also be filed in Court. We will then be able to distribute the remaining assets to the appropriate distributees. We will have to meet to discuss the payment of claims, taxes and expenses of administration and the distribution of estate assets. The administration fees are generally determined on a time and responsibility basis. We will keep a record of our expenditure of time. If you expect to request compensation for your services, you should also keep time records. Our standard hourly rates for routine estate administration are as follows: We may make an additional charge for court time in connection with any contested matters and for nonroutine tax matters should they develop. In addition, the statute establishing the factors for compensation provides for consideration of special results achieved, and we will review final fees with you at the end of the administration of the estate in this regard. As attorney for you as personal representative we share your duties of loyalty and impartiality to the beneficiaries. While you and not the beneficiaries are our client, we have these duties and may have other responsibilities to the beneficiaries. The beneficiaries may wish to retain independent counsel to represent their interests. If it appears that problems have arisen in connection with the administration of the estate, we will discuss them with you and assist in their resolution. The law is not entirely clear as to whether, in a case where an attorney discovers misconduct on the part of a personal representative, the attorney's duty of confidentiality to the personal representative is outweighed by the attorney's possible duties to the beneficiaries to prevent injury to the estate. In the unlikely event that some misconduct occurs of which we have knowledge, and if the matter cannot be immediately and satisfactorily resolved, we reserve the right either to withdraw from representation or to inform the court and/or beneficiaries of the situation. The administration of this estate is obviously an important process. It clears the title to the decedent's property. It settles legitimate debts and wipes out others. It may establish a new tax basis for the property in the estate and protects you in making distribution of the property to the persons entitled thereto. In order to assist you in performing your duties, we will need to obtain a great deal of additional information, and we will have to work together very closely during the coming months. For your records, I am enclosing a copy of documents which have already been prepared (which you have not received), and we will send you copies of correspondence, as well as other documents which are prepared. Again, please do not hesitate to contact our office if you have any questions regarding this letter, your duties, or the procedures which we follow. My paralegal __________________ is experienced in probate matters and will be working closely with me in connection with administration of the estate. In particular, he/she will be keeping our office file in order and working on the day to day bookkeeping for the estate. You should not hesitate to contact him/her regarding the status of routine estate matters. We look forward to working closely with you in the coming months. Yours very truly, ______________________________________ Printed Name: ___________________________ Address: _______________________________ Enclosures Address the letter jointly to all personal representatives, send a copy to each. Obtain and send one certified copies of Letters to each personal representative and an extra certified copy to the personal representative who is to open the bank account. Also enclose copies of all documents already prepared, but not previously furnished to the personal representative.