What to do if an estate administrator closed a decedent’s joint bank account without notifying heirs

Short answer: Under Hawaii law, you should act quickly to confirm who owned the account, request a written accounting from the personal representative (administrator), preserve bank records, and, if needed, file a petition in probate court to compel an accounting, recover assets, or remove the administrator for breach of fiduciary duty. The probate code and the court supervise how estate property is handled.

Detailed Answer

This section explains the practical steps and legal concepts you need to understand under Hawaii law if an administrator closed or emptied a joint bank account after a family member’s death and heirs were not told.

1. Understand how joint accounts usually work

Many joint accounts are set up so the surviving joint owner takes the money automatically by right of survivorship. If the bank account was properly titled as a joint account with survivorship, the surviving joint owner generally keeps the funds outside of probate. If instead the account belonged solely to the decedent and was only later controlled by the administrator, the funds may be estate property that the administrator must handle according to probate rules.

Because precise outcomes turn on the account title, the bank’s signature card and account agreement are critical documents. Ask the bank for a copy of the signature card and any documents showing how the account was titled.

2. Duties of an administrator (personal representative) in Hawaii

The person appointed by the probate court to administer an estate must follow the court’s orders and the duties imposed by the probate code. That includes identifying estate assets, protecting them, providing notice to interested persons, and rendering an accounting. If the administrator distributed or closed an account without appropriate authority or notice, that action can raise claims for breach of fiduciary duty or conversion.

For the Hawaii statutes that govern probate procedure and personal representatives, see the Hawaii Revised Statutes, probate provisions: HRS Chapter 560 (Probate/Distribution of Decedent’s Property).

3. Immediate steps to take

Get documentation. Obtain the decedent’s death certificate, the bank account records (statements, signature card, online transaction history), and any letters or court orders appointing the administrator. If you do not have these, request them from the bank and the probate court clerk.
Request a written accounting and explanation. Send a written demand to the administrator (and copy the probate court clerk) asking for a full accounting showing when and why the account was closed and where the funds went.
Preserve records with the bank. Ask the bank in writing to preserve all records and to provide copies of all transactions after the decedent’s death. Banks commonly preserve records when asked in writing by interested persons or when presented with a court order.
Check court filings. Visit the probate court clerk (the circuit court in the county where the decedent lived) or its online docket to confirm whether the administrator had authority (letters of administration or letters testamentary) and whether any court orders authorized the account closing.

4. If the administrator won’t cooperate

If the administrator fails to provide a timely accounting or justification, you can ask the probate court to intervene. Typical remedies include:

Petition for an accounting. File a motion or petition in probate court asking the court to order the administrator to file a full, verified accounting of estate receipts and disbursements.
Temporary relief. In urgent situations (for example, if funds are disappearing), request temporary injunctive relief or an order preserving estate assets while the court reviews the matter.
Petition for removal. If the administrator misused estate funds or breached fiduciary duties, a petition asking the court to remove the administrator and appoint a replacement is available.
Civil claims. Depending on the facts, heirs or beneficiaries may have claims for conversion (unauthorized taking), breach of fiduciary duty, or related civil remedies.

The probate court has the authority to order return of estate property and to assess sanctions against a personal representative who misappropriated funds.

5. When a criminal complaint may be appropriate

If the administrator intentionally stole estate funds, you can consult the county prosecutor’s office about filing a criminal complaint for theft. Criminal action is separate from probate remedies and requires meeting the prosecutor’s standards for prosecution.

6. Evidence to collect

Bank statements and the account signature card or account agreement.
Copies of all checks, withdrawals, wire transfers, and the bank’s internal notes about the account.
Letters of administration or testamentary issued by the probate court.
Communications (emails, letters, text messages) between the administrator and heirs or the bank.
Death certificate and the decedent’s will (if one exists).

7. Time considerations

Act promptly. Probate cases can move quickly, and evidence may be harder to recover over time. There may also be time limits for bringing civil suits or requesting specific relief. If you suspect misuse of funds, preserve records and seek legal guidance soon.

8. Hiring an attorney

Consider consulting a probate or estate attorney experienced in Hawaii probate practice. An attorney can help you evaluate whether the account truly belonged to the estate or a surviving joint owner, prepare petitions for the probate court (accounting, temporary orders, removal), and, if necessary, pursue civil claims or coordinate with law enforcement.

If you cannot immediately hire an attorney, many probate courts provide clerk guidance about filing basic petitions and how to access public dockets. Still, court clerks cannot give legal advice.

Helpful Hints

Document every step: keep dated copies of requests to the bank and the administrator, and note any phone calls (who you spoke with and what they said).
Ask the bank for a certified transaction history; that often helps the court understand where funds went.
Do not confront the administrator emotionally or destroy evidence; keep communications professional and in writing when possible.
If you are a joint owner on the account, collect proof of joint ownership (account title, signature card). That often resolves disputes quickly.
If you are an heir or beneficiary, ask the probate court for a copy of the estate docket and any filings so you know what the administrator reported to the court.
Consider mediation if the disputed funds are modest and the parties are willing to negotiate; it can be faster and less expensive than contested court litigation.

Key Hawaii statute resource: Hawaii Revised Statutes, probate provisions (see HRS Chapter 560 for probate and distribution matters): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/

Practical next step: Start by requesting the account signature card and transaction history from the bank, and request a written accounting from the administrator. If you get no reasonable response within a short time, consult a probate attorney and be prepared to file a petition in the probate court to protect estate assets.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney in Hawaii.