Title 29, Decedents' Estates
6 chapters · 56 sections in this title.
HRS §531B-1 Short title
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[§531B-1] Short title. This chapter shall be known and may be cited as the Disposition of Remains Act. [L 2013, c 17, pt of §2]
HRS §531B-10 Disposition of unclaimed cremated remains
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§531B-10 Disposition of unclaimed cremated remains. Whenever any cremated remains have been in the lawful possession of any funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility for sixty or more days, and the person entitled under law to the right of dispo…
HRS §531B-11 Immunity
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§531B-11 Immunity. No funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility or any of its officers, directors, members, partners, funeral directors, managers, or employees who reasonably rely in good faith upon the instructions of an individual claiming the…
HRS §531B-2 Definitions
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§531B-2 Definitions. As used in this chapter: "Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with …
HRS §531B-3 Direction for disposition
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[§531B-3] Direction for disposition. A person may provide written directions for the location, manner, and conditions of disposition of the person's remains in a testamentary disposition, in a pre-need contract pursuant to chapter 441, or by any written document signed by the per…
HRS §531B-4 Right to control disposition; priority
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[§531B-4] Right to control disposition; priority. (a) Unless a decedent has left directions in writing for the disposition of remains pursuant to section 531B-3 or 531B-5 or a person has forfeited the right of disposition pursuant to section 531B-6, the following persons, in the …
HRS §531B-5 Written instrument to control disposition of remains
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[§531B-5] Written instrument to control disposition of remains. A person who wishes to authorize another person to control the disposition of remains and the arrangements for funeral goods and services may execute a written instrument before a notary public. The written instrumen…
HRS §531B-6 Forfeiture of right to direct disposition
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§531B-6 Forfeiture of right to direct disposition. A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next person in the order of priority as listed in section 531B-4, under the following circumstances:
HRS §531B-7 Disputes
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§531B-7 Disputes. (a) Any dispute among any of the persons listed in section 531B-4 concerning the right of disposition or priority shall be resolved by the probate court for the county where the decedent resided. The probate court may award the right of disposition to the person…
HRS §531B-8 Right to rely on representations
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§531B-8 Right to rely on representations. (a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the deceden…
HRS §531B-9 Authority to direct and control disposition; recovery of reasonable expenses
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§531B-9 Authority to direct and control disposition; recovery of reasonable expenses. (a) A funeral director or manager of a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have complete authority to direct and control the final disposition and …