Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Hawaii’s probate code, a beneficiary has several tools to compel an estate administrator (personal representative) to distribute your inheritance share promptly. These steps ensure you understand your rights and follow the procedure set by the Hawaii Revised Statutes (HRS).
Step 1: Confirm Your Beneficiary Status and Entitlement
First, review the will or intestacy provisions. If the decedent left a valid will, it names beneficiaries and their shares. If there is no will, HRS Chapter 560, Article III (Intestate Succession) dictates your share. You must be a named beneficiary or an heir under HRS §560:2-104.
Step 2: Request an Accounting and Demand Distribution
Under HRS §560:3-801, you have the right to request a formal account of the estate’s assets, expenses, and distributions. Send a written demand to the administrator. If they ignore your request within a reasonable time, you can petition the probate court for an order compelling an accounting. See HRS §560:3-801: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0589/HRS0560/HRS_0560-3-801.htm.
Step 3: File a Petition for Final Distribution
Once the administrator settles debts, taxes, and expenses, you may file a petition for final distribution under HRS §560:3-803. Your petition should include the inventory, account, and a proposed distribution plan. The court will schedule a hearing and notify all interested parties. If approved, the court issues an order directing the administrator to distribute the assets.
HRS §560:3-803: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0589/HRS0560/HRS_0560-3-803.htm.
Step 4: Seek Court Intervention for Misconduct
If the administrator refuses to act or mismanages the estate, you can go back to court:
- Removal: Under HRS §560:3-706, petition to remove the administrator for neglect, misconduct, or incapacity: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0589/HRS0560/HRS_0560-3-706.htm.
- Surcharge: Under HRS §560:3-707, ask the court to surcharge (financially penalize) the administrator for breaches of duty, including failure to distribute assets in a timely manner: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0589/HRS0560/HRS_0560-3-707.htm.
Helpful Hints
- Always send requests and notices by certified mail and keep proof of delivery.
- Hire a probate attorney early if the administrator resists or if the estate is complex.
- Gather copies of the will, death certificate, inventory, and any correspondence.
- Be mindful of deadlines: probate actions often have strict time limits.
- Attend all court hearings and follow up promptly on any orders.