Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Hawaii law, a personal representative (also called an executor or administrator) owes fiduciary duties and must provide specific information to heirs (interested persons) during probate. The Uniform Probate Code (Hawaii Revised Statutes Chapter 560) governs these obligations to ensure transparency and fair administration.
1. Notice to Heirs and Beneficiaries
Within a reasonable time after qualifying, the personal representative must notify all heirs and devisees of the probate proceedings. This includes giving written notice of appointment and information on how to file claims or contest the will. See HRS §560:3-801.
2. Inventory and Appraisal
The representative must file an inventory and appraisal of estate assets—typically within three months of appointment—and must make a copy available to any heir on request. This discloses the nature, value, and location of estate property. See HRS §560:3-605.
3. Accounting and Reports
Before distributing assets, the personal representative must prepare and file a detailed accounting showing receipts, disbursements, fees, and distributions. Heirs have the right to review this report and object within the statutory period. See HRS §560:3-706.
4. Fiduciary Duties
- Duty of Loyalty: The representative must administer the estate solely in the heirs’ best interests, avoiding conflicts or self-dealing.
- Duty to Preserve Assets: Heirs rely on the representative to safeguard property until final distribution.
- Duty to Pay Debts and Taxes: The representative must identify valid claims, pay debts, and file tax returns before distributing inheritances.
- Duty of Impartiality: Treat all heirs fairly, especially when estate assets benefit multiple beneficiaries.
5. Distribution of Assets
Once debts, expenses, and taxes are satisfied, the representative distributes the remaining estate according to the will or, if none, under Hawaii’s intestacy statutes (HRS Chapter 560, Part II). Heirs receive a statement of distribution and documentation supporting the transfer.
Helpful Hints
- Keep copies of all notices, inventories, and accountings you receive.
- Review deadlines carefully: objections to accounting typically must be filed within 30 days after notice.
- Ask the representative for clarification in writing if any detail is unclear.
- Consider mediation or court intervention if you believe the representative is breaching duties.
- Consult a probate attorney early to understand your rights and options.