Detailed Answer
When a probate estate closes in Hawaii, heirs sometimes discover assets that the personal representative did not identify. Hawaii law lets eligible persons petition the court to reopen the estate to claim these assets. This process relies on the court’s authority under Hawaii Revised Statutes (HRS) §560:3-130 (link).
1. Determine Eligibility
Under HRS §560:3-130, an heir or interested party may petition if you recently discovered:
- Assets omitted from the inventory;
- Assets incorrectly valued;
- Interests in real property or bank accounts not reported;
- Funds held by state unclaimed property offices.
2. Gather Evidence of Unclaimed Assets
Collect all documents proving the asset’s existence and your right to claim it. This may include bank statements, property deeds, or statements from government agencies holding unclaimed property.
3. Prepare and File a Motion to Reopen Estate
File a “Motion to Reopen Estate” in the probate court that handled the original case. Your motion must:
- Identify the closed case by name and case number;
- Describe the newly discovered assets;
- Explain why they were omitted;
- Include supporting evidence;
- Cite HRS §560:3-130.
4. Notify Interested Parties
Hawaii law requires notice to all heirs and the personal representative. Serve the motion by mail or in person at least 14 days before the hearing, per HRS §560:3-125 (link).
5. Attend the Hearing and Obtain an Order
The court will schedule a hearing. At the hearing, present your evidence. If the judge finds valid grounds, the court will issue an order to reopen the estate.
6. Claim and Distribute the Assets
After reopening, submit a formal claim to the personal representative. The representative must verify the asset, collect distributions, and include them in a supplemental accounting. The court will review and approve final distributions.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney for advice on your situation.
Helpful Hints
- Review the original inventory and accountings to spot omissions early.
- Keep a file of all court documents, notices, and evidence.
- Confirm service rules and deadlines with the probate clerk.
- Consider a title search for real property assets.
- Check the Hawaii Unclaimed Property Division (link) for forgotten accounts.
- Work with an attorney if the estate involves complex assets.