Detailed Answer
Situation overview (plain-language): You are an interested person in an estate — for example, an heir or a beneficiary — and the person proposed to act as the estate administrator (personal representative) is not providing information about the estate’s assets or is refusing to provide copies of estate documents. Below are clear, practical steps you can take under Hawaii law and what to expect if you pursue each option.
1) Confirm the administrator’s legal status
If the proposed administrator has not yet been appointed by the probate court, the court hearing on appointment is your immediate opportunity to raise concerns. If the person already is the appointed personal representative, they have legal duties to the estate and its beneficiaries.
2) Your legal rights to information
Under Hawaii’s probate laws, a personal representative has duties to collect, manage, and account for estate assets and to provide beneficiaries with information about the estate administration. The Hawaii Revised Statutes governing probate and administration are found in Chapter 560. You can review the probate code for general rules here: Hawaii Revised Statutes, Chapter 560 (Probate). The Hawaii Judiciary also provides practical probate guidance here: Hawaii Courts — Probate Self-Help.
3) Practical, first-step actions (document the problem)
- Send a written request for specific documents and information (copy of the will, inventory, accountings, bank statements, deeds, appraisal reports, and any recent communications about estate assets). Use certified mail or another trackable method and keep a copy.
- Be specific and reasonable about the time you request a response (for example, 14 days).
- Keep evidence of the administrator’s refusals or evasive replies (texts, emails, voicemail summaries, and notes of in-person conversations).
4) If the representative refuses to provide records: involve the probate court
If written requests fail, you can ask the probate court to order production of records or to compel an accounting. Typical court remedies in Hawaii include:
- Motion or petition to compel an inventory and accounting. Courts can order the personal representative to file the required inventory and periodic accountings with the court and to provide copies to beneficiaries.
- Petition to surcharge or for other equitable relief. If the representative has misapplied assets, the court can make them personally liable for loss or require restitution.
- Petition for removal. If the administrator is not performing duties faithfully or is mismanaging assets, you can seek their removal as personal representative.
Work with the probate clerk at the county circuit court to learn filing procedures and local forms; the Hawaii Judiciary’s self-help pages and clerk’s office can help with basic filing steps: https://www.courts.state.hi.us/self-help/probate.
5) Discovery tools and enforcement
Once you have an open probate case or have filed a petition, you may be able to use court-ordered discovery, subpoenas, and motions to enforce production of bank records, appraisals, corporate records, or other documents. The court can impose sanctions for failure to obey subpoenas or court orders.
6) Civil and criminal remedies
If there is evidence the administrator has taken estate property for personal use, concealed assets, or otherwise committed theft or conversion, you may pursue civil claims (breach of fiduciary duty, conversion, unjust enrichment) and/or report suspected crimes to law enforcement. The probate court can impose civil liability and order restitution; criminal prosecution is handled by local prosecutors.
7) When to consult an attorney
If the administrator persists in withholding records, or if you suspect fraud or asset dissipation, consult a probate attorney promptly. An attorney can:
- Draft formal demand letters and file petitions in probate court;
- Seek emergency relief to freeze or preserve assets;
- Represent you at hearings on removal, accounting, and surcharge.
8) Example (hypothetical scenario)
Hypothetical: You are a named beneficiary, the proposed administrator filed a petition to be appointed, and you learned they moved several brokerage accounts into a personal account. You sent a written request for account statements; you received no response. You may (a) oppose the appointment at the hearing and present evidence, and/or (b) if the person is appointed, file a petition asking the court to compel an inventory and accounting and to freeze the disputed assets pending resolution. The court can order an accounting, require return of misapplied property, and consider removal.
Helpful Hints
- Always get requests in writing (email or certified mail) and keep copies and proof of delivery.
- Be concrete when you request records: list specific documents and time ranges.
- Act quickly if you suspect assets are being moved — courts can freeze assets but only if asked in time.
- Contact the probate clerk in the county where the decedent lived to learn deadlines, filing fees, and forms.
- If you cannot afford an attorney, ask the court about limited-scope representation or legal aid options in Hawaii.
- Maintain a timeline of events and save all communications; detailed records strengthen petitions and court testimony.
- If numbers are complex, an accountant or forensic accountant can help analyze suspicious transactions once you have access to statements.
- Remember that the goal is often to obtain an accounting and preserve assets — removal and criminal charges are remedies but take more time and proof.