How beneficiaries can obtain a court-ordered accounting of estate assets during probate in Hawaii

Short answer: Yes. Under Hawaii probate law, beneficiaries and interested persons can ask the probate court to require the personal representative (executor or administrator) to provide an accounting of estate assets and transactions. If the personal representative refuses, the court can order an accounting and impose remedies, including surcharge or removal. This article explains who may request an accounting, what an accounting usually includes, how to ask the court to compel one, and practical tips for beneficiaries.

Detailed answer — what you need to know

Who may request an accounting?

Interested persons have the right to request information about estate administration. “Interested persons” typically include beneficiaries named in the will, heirs under intestacy, and creditors with a claim. If you fall into one of those categories, you may ask the court to require the personal representative to produce an accounting.

What is an accounting?

An accounting is a written and typically sworn financial statement showing the estate’s financial activity since the date of death (or since the last accounting). It usually includes:

Assets on hand at the start and end of the accounting period
Receipts (money coming in, such as rents, sale proceeds, or collections on debts)
Disbursements (payments for funeral expenses, taxes, attorney fees, mortgages, creditor claims, distributions to beneficiaries, etc.)
Summary of assets sold, transferred, or conserved
Current inventory and valuation of estate property

When can you ask for an accounting?

You can request an accounting any time during administration if you are an interested person. Courts commonly expect an initial inventory and periodic accountings when administration continues for an extended time. If the personal representative has been slow, evasive, or has engaged in conduct that raises questions about management of estate property, you can petition the court to compel an accounting immediately.

How to ask the court to require an accounting (basic steps)

Ask the personal representative in writing for an accounting and reasonable supporting documents (bank statements, receipts, inventory). Sometimes an informal request prompts cooperation.
If the request fails, file a petition or motion in the probate case asking the court to order the personal representative to file a formal accounting. Check the probate case file number and the court that handles the estate (Hawaii Probate Court).
Serve the personal representative and other interested persons with your petition. The court will schedule a hearing if it deems one necessary.
At the hearing, the court may order the personal representative to prepare and file a formal accounting within a set time and to produce supporting documents. If the court finds misconduct or unreasonable delay, it may impose sanctions, surcharge the personal representative for losses, or remove the representative and appoint a successor.

Forms and procedural requirements vary by county and by the particular probate judge. For general probate procedures and forms, see the Hawaii State Judiciary probate information: https://www.courts.state.hi.us/self-help/probate_and_trusts/.

What if the will contains a waiver of accounting?

Some wills include language that waives the right of beneficiaries to receive accountings. Courts scrutinize such waivers. A valid waiver that was made knowingly and voluntarily may limit a beneficiary’s right to a formal court-ordered accounting. However, courts will not allow a waiver to shield fraud, gross mismanagement, or self-dealing. If you suspect wrongdoing, the court can still require disclosure and take corrective action.

Remedies if the representative refuses or mismanages estate assets

The court can order the representative to file the accounting.
The court can require production of supporting records (bank statements, receipts, bills of sale).
The court can surcharge (financially charge) the representative for losses caused by improper acts.
The court can remove the representative and appoint a replacement.
The court can impose other sanctions, including contempt for failing to comply with court orders.

Relevant Hawaii law and where to read it

The Hawaii probate code governs administration of estates and the court’s powers over personal representatives. For statutory language and details about probate procedures, see the Hawaii Revised Statutes — Probate provisions (Chapter 560) and related chapters on administration and fiduciary duties: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0471-0500/HRS0560/. For practical procedures, forms, and local rules, consult the Hawaii State Judiciary probate pages: https://www.courts.state.hi.us/self-help/probate_and_trusts/.

Costs, timing, and practical considerations

Accountings take time to prepare. The court may give a representative a set deadline (for example, 30–60 days) to file a formal accounting.
The estate usually pays the reasonable costs of preparing an accounting, including any attorney fees that the court allows as an estate expense.
Keep a clear paper trail of your requests for information. Save letters, emails, and proof of service.
Carefully read the estate’s notices and the probate court docket so you do not miss hearing dates or deadlines.

Hypothetical example

Suppose Jane is named executor. Two months after the estate opens, beneficiaries notice that Jane sold a rental property but has not provided sale proceeds or an accounting. One beneficiary sends a written request for accounting and supporting documents. Jane does not respond. The beneficiaries then file a motion with the probate court asking the judge to order Jane to file a formal accounting and to produce closing statements and bank records. The court orders Jane to file the accounting within 30 days and produce the records. At the hearing, if the judge finds that Jane withheld funds or failed to account, the judge can order surcharge or remove Jane as personal representative.

Helpful Hints

Start with a written request to the personal representative before going to court; courts often expect good-faith attempts to resolve disputes.
Keep copies of all communications and any estate notices you receive. These help prove your status as an interested person and document your efforts to obtain information.
Ask for specific documents: inventory, bank statements, receipts for major expenses, closing statements for property transactions, and a schedule of distributions.
Check the probate docket and filings through the court clerk to see whether inventory and accountings have already been filed.
If the estate is complex or you suspect wrongdoing, consult a Hawaii probate attorney to review documents and advise whether to file a petition to compel an accounting or to seek removal or surcharge.
Be aware that some disputes require forensic review; an accountant or attorney can help quantify losses if you pursue surcharge claims.
If a will contains a written waiver of accounting, ask a lawyer to evaluate whether the waiver is enforceable in your situation.

Disclaimer: This article explains general Hawaii probate concepts and is not legal advice. Laws change and every case has unique facts. For advice about a specific situation, consult a licensed attorney in Hawaii.