(a) All claims against either a decedent or a decedent’s estate that arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or non-claim statute, shall be barred against the estate, personal representative, decedent’s trustee, and heirs and devisees of the decedent, unless presented within the earlier of the following:

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Terms Used In Hawaii Revised Statutes 560:3-803

  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
(1) No later than:

(A) Four months after the date of the first publication of notice to creditors if notice is given in compliance with section 560:3-801(a); or
(B) Sixty days after the service of written notice, as provided in section 560:3-801(b); whichever period in subparagraph (A) or (B) expires later; or
(2) Within eighteen months after the decedent’s death, if notice to creditors has not been published as provided in section 560:3-801(a) or served as provided in section 560:3-801(b).
(b) A claim described in subsection (a) which is barred by the non-claim statute of the decedent’s domicile before the giving of notice to creditors in this State is barred in this State.
(c) All claims against a decedent’s estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, the decedent’s trustee, and the heirs and devisees of the decedent, unless presented as follows:

(1) A claim based on a contract with the personal representative or trustee, within four months after performance by the personal representative or trustee is due; or
(2) Any other claim, within the later of four months after it arises, or the time specified in subsection (a)(2).
(d) Nothing in this section affects or prevents:

(1) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;
(2) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative or the decedent’s trustee for which the personal representative or the trustee is protected by liability insurance; or
(3) Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or trustee or by the attorney or accountant for the personal representative of the estate or the decedent’s trustee.
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