Detailed Answer

If you believe the probate record in your father’s estate in Hawaii is missing filings or contains incorrect filings, you can take several practical steps to review the file, preserve evidence, and ask the court to correct the record. The law and procedures for probate in Hawaii are governed by the Hawaii Revised Statutes (Chapter 560) and by the Hawai‘i court system’s probate procedures. This guide explains what to look for, how to request corrections, and when to get help.

Where to start: locating and reviewing the probate file

Find the probate case number and court. Probate cases are handled by the circuit court in the county where the decedent lived. If you do not have the case number, contact the clerk of the circuit court in the county where your father lived and give his full name and date of death; the clerk can search for a case.
Obtain the court file and docket sheet. Ask the probate clerk for a copy of the docket (the list of all entries), the petition for probate or for administration, the order appointing a personal representative (executor or administrator), inventories, accountings, the will (if admitted), and any orders. Many filings are public records and you can either inspect them in person or request copies or certified copies for a small fee.
Review key documents carefully. Look for: the admitted will (if any); the petition and exhibits; the order appointing the personal representative; inventory of assets; creditor notices and claims; accountings and proposed distributions; and any orders authorizing sales or transfers. Note any missing documents you expected to see (for example, a will you know about that isn’t in the file) or entries that look incorrect (wrong beneficiary, omitted asset, inaccurate accounting numbers).

Common filing problems in probate files

Will or codicil known to exist but not filed or admitted to probate.
Assets listed incorrectly or omitted from inventory.
Accountings that contain arithmetic errors, unauthorized expenditures, or missing receipts.
Missing notices to heirs, beneficiaries, or creditors (which can affect rights).
Clerical errors in orders (wrong names, dates, or dollar amounts).

Relevant law and where to look

Probate procedures in Hawaii are part of the Hawaii Revised Statutes. Review Chapter 560 for statutory rules about probate and administration. The Hawai‘i Judiciary also provides self-help probate resources and forms:

How to correct missing or incorrect probate filings — step by step

Use the following steps as a practical roadmap. The exact motion or petition you file will vary with the error and the stage of the case.

Document what is missing or wrong. Prepare a clear list of missing documents or specific inaccuracies (e.g., “Inventory does not list ABC bank account ending 1234” or “Final accounting shows $50,000 distribution but supporting receipts are missing”). Attach copies of any outside documents you have (bank statements, the will, correspondence).
Talk to the personal representative or probate attorney (if any). Sometimes omissions or errors can be corrected informally by the personal representative filing an amended inventory or supplemental account. Request written confirmation of any planned correction so you have a record.
Contact the probate clerk for procedural guidance. Clerks can explain filing requirements, fees, and required forms. They cannot give legal advice, but they can tell you how to file a motion, petition, or supporting affidavits and how to serve interested parties.
File a motion or petition asking the court to correct or supplement the record. Common filings include:
- Motion or ex parte request to file a missing document (for example, to file a will or inventory that was omitted).
- Motion to amend or supplement an inventory or accounting (often supported by a proposed amended inventory or accounting).
- Motion for an order nunc pro tunc to correct clerical errors in court orders (this asks the judge to make the record reflect what should have been entered).
- Petition to reopen the estate or to compel an accounting—used when distributions have been made but required accountings or notices were not completed.
Give proper notice and follow service rules. Most probate motions and petitions require notice to the personal representative, heirs, beneficiaries, and sometimes creditors. The clerk or the Hawaii probate forms page can help you identify required service. Failing to serve interested parties can delay or invalidate relief.
Prepare evidence and a clear affidavit. Attach affidavits sworn to the facts (for example, “I am a beneficiary; I have the decedent’s original will, which was not filed; I attach a copy”). Make your chronology clear and support each claim with documents when possible.
Attend hearings and be prepared to explain the problem concisely. Bring copies of all documents. If the issue is urgent (for example, suspected improper distributions), ask the court for emergency relief or temporary orders to preserve assets.
If the court orders correction, make sure amended documents are filed and served. After an order, the personal representative (or the party ordered to correct) should file the amended inventory/accounting and the clerk will docket the correction. Obtain certified copies for your records, and confirm that the docket reflects the change.

Timing, deadlines, and appeals

Deadlines can matter. For example, creditors usually must file claims within a statutory period; heirs and beneficiaries often have limited time to contest probate actions. If you miss a statutory deadline, your remedies can be limited. If you disagree with a court order, you may have an appeal window under the Hawai‘i appellate rules. Consult Chapter 560 and the court clerk about specific deadlines and consider getting legal counsel promptly.

When to consider hiring an attorney

There are complex disputes (will validity contests, allegations of fraud, breaches of fiduciary duty, or large asset distributions) — get an attorney experienced in Hawaii probate and trust law.
If urgent injunctive relief is needed to stop distributions or preserve assets, an attorney can draft emergency motions and represent you at hearings.
If you are a beneficiary seeking an accounting or suspect mismanagement, an attorney can evaluate claims such as surcharge, removal of the personal representative, or monetary recovery.

What to bring to a legal consultation

Copies of any will, codicil, or estate planning documents you have.
Copies of bank statements, deeds, insurance policies, or other documents showing assets or distributions.
Any probate filings you have (docket entries, orders, inventories, accountings).
A written timeline of events and a clear list of what you think is missing or wrong.

Final note and resources

Do not destroy evidence or contact potential witnesses to influence testimony. Keep written records of all communications with the personal representative and the court. The Hawai‘i Judiciary self-help pages and Chapter 560 of the Hawaii Revised Statutes are good starting points for forms and statutory guidance (links above).

Disclaimer: I am not a lawyer. This information explains general steps under Hawaii probate law and does not constitute legal advice. For advice about your specific situation, consult a licensed attorney in Hawaii.

Helpful Hints

Start by getting a full copy of the probate docket and case file from the circuit court clerk—many problems are clarified by simply seeing what the court has on record.
Document everything you discover and every communication you have about the estate—dates, names, and short notes help later when preparing affidavits or motions.
If you have the decedent’s original will and it’s missing from the court file, do not destroy it—bring a copy and inform the clerk and personal representative immediately.
Use the Hawai‘i Judiciary self-help forms to learn the required language and formatting for common probate filings, but consider attorney review before filing contested motions.
If you worry assets are being dissipated, ask the court for emergency temporary orders to freeze distributions while the issue is resolved.
Keep deadlines in mind—creditor claim periods and appeal windows can be short. Ask the clerk or an attorney about timing as soon as you identify a problem.
Remember that clerks can explain procedure and forms but cannot give legal advice—if legal strategy or contested issues arise, consult a probate attorney.