An interested person may file a petition for determination of death, setting forth:
(a) the name, all known aliases, last known address of the missing person; and (b) the name and address of the missing person's spouse or reciprocal beneficiary, parents, and children, or if no such relatives survive, the person's closest living relatives by degree of relationship; and (c) the approximate date of disappearance and a complete description of the circumstances and evidence surrounding the disappearance, including governmental reports and published accounts; and (d) a description of all efforts made to locate the individual and the results of such search, including affidavits or other testimony of all immediate relatives of the individual that they have had no contact with the individual since the disappearance. Prior to the hearing on the petition, the person filing the petition for determination of death shall also file under seal and under separate cover the missing person's date of birth and social security number, if known.
Amended November 12, 1997, effective 12/15/1997; further amended November 25, 2008, effective 1/1/2009. Commentary.- HRS §560:3-403(c) sets forth the statutory requirements for a determination of death. This rule addresses the content of the petition and imposes additional notice requirements.
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