Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Hawaii law, a personal representative (executor or administrator) must file a final accounting within nine months after qualification. See HRS §560:3-408(4)&(5). If you need more time, you can request an extension by showing cause to the probate court.
To request an extension:
- Determine the Original Deadline: Count nine months from the date you were appointed. Mark this date prominently to avoid missing it.
- Prepare a Motion for Extension: Draft a written motion outlining the reasons you need additional time, such as ongoing asset valuations, pending sales, or complex estate matters.
- Attach an Affidavit: Include an affidavit under oath describing the facts that justify your extension request (e.g., delayed appraisals, difficulty locating assets or creditors).
- File with the Probate Court: Submit your motion and affidavit to the probate clerk in the Circuit Court handling the estate. Pay any applicable filing fee.
- Serve Interested Parties: Deliver copies of your motion to all beneficiaries and known creditors as required under HRS §560:3-323. Proper service prevents objections based on lack of notice.
- Attend a Hearing (If Scheduled): The court may set a hearing to consider your motion. Be ready to explain your reasons and answer any questions.
- Obtain the Court’s Order: If the judge grants the motion, you will receive a signed order extending the deadline. Note the new deadline and file your final accounting by that date to avoid sanctions or removal.
The probate court has discretion to grant an extension “for cause shown.” Always file your motion well before the original deadline. Missing the deadline without approval can lead to removal as personal representative or other court-imposed penalties.
Helpful Hints
- Begin Early: Start drafting your motion at least 30 days before the deadline to allow time for review and service.
- Review Local Court Rules: Each Circuit Court may have specific forms or procedural requirements—check the court’s website or clerk’s office.
- Document Everything: Keep records of your efforts to appraise property, locate creditors, and gather necessary information.
- Communicate with Beneficiaries: Inform interested parties about your progress to reduce objections and promote transparency.
- Seek Professional Guidance: While this article isn’t legal advice, consulting a local probate attorney can ensure your motion meets all procedural standards.