(a) The director shall pay from the surplus all taxes, including interest and penalties, of whatever nature and however accruing, as provided in § 8-5.1, and further the director may pay from the surplus the cost of a search of any records where such search is deemed advisable by the director to ascertain the person or persons entitled to the surplus; provided that nothing herein contained shall be construed to require the director to make or cause any such search to be made. If the director is in doubt as to the person or persons entitled to the balance of the fund, the director may refuse to distribute the surplus and any claimant may sue the director in the first circuit court. The director may require the claimants to interplead, in which event the director shall state the names of all claimants known to the director, and shall cause them to be made parties to the action. If in the director’s opinion there may be other claimants who are unknown, the director may apply for an order or orders joining all persons unknown having or claiming to have any legal or equitable right, title, or interest in the moneys or any part thereof or any lien or other claim with respect thereto.
(b) Any orders of the court or summons in the matter may be served as provided by law or the rules of court, and all persons having any interest in the moneys who are known, including the guardians of such of them as are under legal age or under any other legal disability (and if any one or more of them is under legal age or under other legal disability and without a guardian, the court shall appoint a guardian ad litem to represent them therein) shall have notice of the action by personal service upon them. All persons having any interest in the moneys whose names are unknown or who if known do not reside within the State or for any reason cannot be served with process within the State shall have notice of the action as provided by HRS §§ 634-23 through 634-29, except that any publication of summons shall be in at least one newspaper of general circulation published in the State and having a general circulation in the city, and the form of notice to be published shall provide a brief description of the property that was sold.
(c) All expenses incurred by the director shall be met out of the surplus moneys realized from the sale.
(Sec. 8-5.9, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 8, Art. 5, § 8-5.9)