What is the process for petitioning a court in Hawaii to remove a personal representative for mishandling estate assets? | Hawaii Probate | FastCounsel
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What is the process for petitioning a court in Hawaii to remove a personal representative for mishandling estate assets?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

1. Identify Grounds for Removal

Under Hawaii law, you may petition to remove a personal representative if you believe they have engaged in misconduct, neglected their duties, acted in a conflict of interest, or mismanaged estate assets. Hawaii Revised Statutes §560:3-703(a) outlines these grounds: HRS §560:3-703.

2. Prepare and File the Petition

File a “Petition to Remove Personal Representative” with the probate court in the circuit where the estate is administered. Include:

  • A summary of alleged misconduct or asset mismanagement.
  • The names and addresses of all interested persons (beneficiaries, heirs).
  • A request for removal and appointment of a successor personal representative.

The petition must comply with requirements under HRS §560:3-701.

3. Serve Notice on Interested Parties

Serve the petition and a notice of hearing on the current personal representative and all interested parties at least 14 days before the hearing. See HRS §560:1-201 for personal service definitions.

4. Attend the Court Hearing

The court schedules a hearing where you present evidence (e.g., financial records, witness testimony). The personal representative may present defenses. The judge then decides whether removal is justified under HRS §560:3-703.

5. Appointment of a Successor Personal Representative

If the court removes the current personal representative, it may appoint a successor. The court follows the priority rules in HRS §560:3-705, favoring those nominated in the will, then heirs, then creditors or other interested persons.

Helpful Hints

  • Gather clear documentation of asset mismanagement before petitioning.
  • Verify the correct probate court and filing fees in your circuit.
  • Consider mediation to resolve disputes before a formal removal petition.
  • Consult with a probate attorney to assess the strength of your case.
  • Keep all interested parties informed to avoid delays or challenges.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.