Detailed Answer
If an institution in Hawaii refuses to turn over estate-related records—such as bank statements, safe deposit box contents, insurance policies, or retirement account documents—you have several legal tools to secure those materials. Below are the most common and effective options available under Hawaii law.
1. Send an Informal Demand Letter
Begin by sending a clear, written request for the documents. Include:
- Legal capacity (e.g., executor, administrator).
- A copy of your letters testamentary or letters of administration.
- A list of the specific documents you need.
- A deadline (usually 14 days).
Often, institutions respond to avoid litigation.
2. Provide a Formal Letter of Authorization
Some banks and insurers accept a notarized authorization form signed by the personal representative or all heirs. Check the institution’s website or call their probate department for their required form.
3. Petition for a Subpoena Duces Tecum
If an informal request fails, you can ask the probate court to issue a subpoena duces tecum under Hawaii Probate Code §560-3-303. This court order compels the institution to produce documents:
Procedure:
- File a petition with the probate clerk.
- Describe the records you need.
- Serve the subpoena on the institution (following HRCP Rule 45).
4. Ask the Court to Open a Safe Deposit Box
If the missing documents are in a safe deposit box, petition the court under Hawaii Revised Statutes §508B-18. A judge can order the bank to allow the representative to enter and inventory the box’s contents:
5. File a Motion to Compel
If an institution disobeys a subpoena, you may file a motion to compel under Hawaii Rules of Civil Procedure Rule 37. The court can sanction noncompliant parties, including fines or contempt orders.
6. Use Mediation or ADR
Some probate courts offer mediation programs. A neutral mediator can help you negotiate with the institution to release the documents without a full hearing.
Key Statutes and Rules
- HRS §560-3-303 (Subpoena for documents in probate)
- HRS §508B-18 (Court order to open safe deposit box)
- HRCP Rule 45 (Subpoena procedures)
- HRCP Rule 37 (Motion to compel and sanctions)
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Hawaii to address your specific situation.