Disclaimer: This article provides general information about Hawaii probate law. It is not legal advice. Consult an attorney for advice on your situation.
Detailed Answer
Under Hawaii law, an executor (personal representative) must verify all creditor claims and ensure proper estate administration. When a creditor submits a settlement demand, gather documents that confirm the debt’s validity, identify estate assets, and demonstrate your authority as executor. Key documents include:
- Letters Testamentary or Administration: The court-issued letters that authorize you to manage the estate.
- Death Certificate: An official certified copy of the decedent’s death certificate.
- Estate Inventory and Appraisement: A complete inventory of the estate’s assets as required by HRS §560-3-603.
- Original Will and Codicils: If applicable, to identify the decedent’s legal directives.
- Creditor’s Claim Statement: The written demand that includes the creditor’s contact information, the amount claimed, and supporting details.
- Loan Agreements and Promissory Notes: Copies of contracts that outline the debt terms.
- Account Statements and Payment History: Bank statements, invoices, billing statements, and any records showing payments, balances, or interest calculations.
- Security Instruments: Mortgages, liens, or UCC financing statements securing the debt.
- Receipts for Estate Expenses: Documentation for funeral costs, administration expenses, and any payments already made to the creditor.
- Court Filings and Notices: Copies of probate petitions, creditor notice affidavits, and proof of service to creditors under HRS §560-3-801 and HRS §560-3-802.
By compiling these documents, you can evaluate the creditor’s demand, verify the estate’s ability to pay, and prepare a formal response. Submit any objections in writing and follow the probate court’s procedures for allowance or disallowance of claims.
Helpful Hints
- Confirm the deadline for creditor claims—Hawaii law typically allows 45 days from notice.
- Keep organized, labeled files for each creditor and asset.
- Use certified copies for court submissions and maintain originals securely.
- Track all communications and send responses via certified mail with return receipt.
- Consult a probate attorney for complex claims or disputes.