531-15 Determination of bar to dower or curtesy. The bar to dower and curtesy or to rights by way of dower or curtesy provided by the second paragraph of sections 533-9 and 533-16, respectively, shall not operate except upon determination by order of a court of probate in proceedings for the administration of the estate, or by a court in proceedings for the determination of heirs, of the deceased spouse, and then only if claim of bar is made by a person claiming the estate, or any part thereof, or any interest therein. The spouse sought to be barred shall be notified of the claim and of the hearing thereon either by personal service or by publication of the notice thereof, in the manner provided for, and which may be included in, notice of determination of heirs or devisees or by both such personal and published service, as the court may direct. The order of determination shall be conclusive as to the rights of the surviving spouse, subject only to be reversed, set aside or modified on appeal. A certified copy of the order shall be recorded in the bureau of conveyances, in case the title to land is involved, and if the land affected has been registered in the land court, a like copy shall be filed in the office of the assistant registrar of the court unless the interest of the deceased spouse in such land consists solely of one or more leasehold time share interests as described in section 501-20. [L 1945, c 212, 3; RL 1955, 317-15; HRS 531-15; am L 1972, c 108, 1(a), (c); am L 1998, c 219, 13]

 

 

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