Detailed answer — how reimbursement normally works in Hawaii probate

When someone dies, ownership of the decedent’s car, and responsibility for any lien on it, depends on how the car was titled and whether it passed outside probate (for example, joint ownership or a trust). If the car is part of the probate estate, the estate is generally responsible for valid debts secured by the vehicle. A person who uses personal funds to pay a lien may be able to recover those funds from the estate as an approved estate expense or as a creditor claim. The practical path and the likelihood of reimbursement depend on three things:

1. whether the vehicle is an estate asset,
2. whether the person paying is the personal representative (executor/administrator) or a third party, and
3. whether the estate has sufficient assets to pay debts and any personal claims.

1) Is the vehicle part of the probate estate?

If the car was solely owned by the decedent at death, it is generally a probate asset and subject to estate administration. If title listed a surviving joint owner or the vehicle passed under a trust or payable-on-death arrangement, it may not be part of probate. If it is not an estate asset, the estate normally cannot be billed for the lien payment.

2) Who paid the lien — the personal representative or someone else?

If the personal representative uses personal funds to protect estate property (for example, to prevent repossession), that person normally may seek reimbursement from the estate as an expense of administration, subject to court oversight. If a family member or other third party paid the lien without being appointed personal representative, that person may have a claim against the estate. That claim must be documented and submitted to the personal representative for approval; if denied, the claimant can ask the probate court to enforce the claim.

3) How estate priorities affect reimbursement

Secured creditors (the lender holding the vehicle lien) have first claim to the collateral and typically to proceeds from sale of the vehicle. Reimbursement to a person who paid the lien will be handled only after the estate satisfies higher-priority claims and within the limits of available estate funds. If estate assets are insufficient, an approved claim could be unpaid or paid only in part.

For Hawaii probate law generally, see the Hawaii Revised Statutes, Chapter 560 (Probate). HRS Chapter 560.

Practical steps to seek reimbursement

1. Notify the personal representative (executor/administrator) immediately. Provide written proof of payment, the loan account number, vehicle title showing the lien, receipts, and any lender statements showing balance and payment(s).
2. If you were the personal representative, prepare a written accounting and file it with the probate court if required. If you are not the representative, submit a written creditor claim to the representative with supporting documents.
3. Ask the representative to pay you from available estate funds. If the representative approves, the estate can reimburse you as an administration expense or as an allowed claim.
4. If the representative rejects the claim, you can file a claim with the probate court and ask the court to allow it. If the claim is for a necessary expense to preserve estate property (for example, to avoid repossession or major loss), courts often approve reimbursement to the person who reasonably acted to protect the estate.
5. If the estate is small and the car and lien are modest, investigate Hawaii’s small estate procedures or affidavit processes that may allow simpler transfer of property or payment without full probate. See Chapter 560 for small estate procedures and exemptions.

Documentation you will need

• Receipts or cancelled checks showing the exact payments you made toward the lien.
• Lender payoff statement or billing history showing the lien balance before and after your payments.
• Vehicle title showing lienholder and ownership status.
• Correspondence with the personal representative and the lender (letters, emails, notes of phone calls).
• If you were acting to protect estate property, a short written explanation of why immediate payment was necessary (e.g., imminent repossession).

Timing and creditor claims

Probate involves notice to creditors and a claims process. Timelines vary with the type of probate and the steps the personal representative takes. Generally, submit your claim promptly after you learn of the death and provide the documentation listed above. If you miss the estate’s claims deadline, you may still have options, but recovery becomes harder.

What if the personal representative refuses to reimburse you?

You may file a creditor’s claim with the probate court or ask the court to require the representative to account for estate administration and pay allowed claims. If you have a strong factual record (receipts, lender statements, proof the payment protected estate property), courts will consider allowing reimbursement. If the estate lacks funds, even an allowed claim may not be paid in full.

Short hypothetical example

Suppose you paid $2,500 from your own account to keep the decedent’s car from being repossessed. The vehicle was solely in the decedent’s name, so it is part of probate. You are not the named personal representative. You should send the executor a written claim with your receipts and the lender payoff statement. If the executor approves, you will likely be reimbursed from estate funds after higher-priority debts are satisfied. If the executor refuses, you can petition the probate court to allow your claim as an expense necessary to preserve estate assets.

Helpful hints

• Act quickly: preventing repossession preserves the asset and strengthens a reimbursement claim.
• Keep originals and copies of all payments and lender communications.
• Confirm whether the vehicle passed outside probate (joint title or trust) before assuming the estate is responsible.
• Communicate in writing with the personal representative and keep polite but clear records of every request and response.
• If you are the personal representative, keep a separate estate bank account and record every estate-related payment and reimbursement request.
• If the estate is insolvent or has complex creditor issues, consult a probate attorney to protect your right to reimbursement.