How to Recover a Cash Bequest in Hawaii When an Executor Won't Cooperate | Hawaii Probate | FastCounsel
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How to Recover a Cash Bequest in Hawaii When an Executor Won't Cooperate

August 13, 2025 6 min read

Detailed Answer

Short answer: If an executor refuses to pay a cash bequest, you should first confirm the estate is open and the executor’s duties have begun, make a clear written demand, and then use probate-court tools — a petition to compel distribution or accounting, a claim against the estate, and if necessary a petition to remove or surcharge the executor. If the estate is small, a simplified procedure may let you collect without full probate. This article explains the common steps under Hawaii probate law and practical options you can use.

Disclaimer: This is general information only and not legal advice. Consult a licensed attorney in Hawaii about your specific situation.

What you need to know about Hawaii probate

In Hawaii, probate cases are handled by the state courts and governed by the Hawaii Probate Code (see Hawaii Revised Statutes, Chapter 560). The executor (also called a personal representative) has legal duties: collect assets, pay valid debts and taxes, account for estate activity, and distribute assets to beneficiaries according to the will and court orders. If the executor refuses to perform these duties, beneficiaries may ask the court to force performance or remove the executor. For the statutory framework, see the Hawaii Probate Code: HRS, Ch. 560 (Probate). You can also find practical guidance and local forms on the Hawaii Judiciary probate pages: Hawaii Judiciary — Probate Self-Help.

Step-by-step action plan

  1. Confirm the estate is open and find the case file.
    • Ask the executor (in writing) for the probate case number and the court where the estate is being administered. If you do not get that, contact the clerk of the circuit court in the county where your sibling lived; probate matters are public records.
    • Obtain a copy of the will, the Letters of Administration/Letters Testamentary, and any inventory or account filed by the executor.
  2. Make a clear written demand.
    • Send a dated, written request to the executor by certified mail (return receipt requested) or another trackable method. State the bequest (amount and where the will leaves it to you) and ask for a timeline for payment or explanation for delay.
    • Keep copies of the will, your beneficiary designation, the demand letter, and delivery receipts.
  3. Ask for an accounting.
    • The executor must account for estate assets and distributions. If you receive no satisfactory answer, ask the clerk of the court how to request a formal accounting or file a petition in the probate case asking the court to order one.
    • An accounting will show whether the estate has funds available to pay your bequest or whether creditors or taxes must be paid first.
  4. File a beneficiary’s claim or petition in probate court.
    • If the executor still refuses, you can file a petition in the probate case asking the court to compel distribution of the bequest or to: (a) order an accounting, (b) compel payment, (c) surcharge the executor for losses caused by wrongful withholding, or (d) remove the executor for breach of fiduciary duty or failure to perform.
    • The probate court has authority to enforce duties, award damages against the executor personally (called a surcharge), and award attorney’s fees when appropriate.
  5. Consider removal or surcharge motions.
    • If the executor acted dishonestly, wasted estate assets, or willfully refuses to follow the will and court orders, you may ask the court to remove the executor and to hold the executor financially responsible for losses. The court may appoint a replacement executor or temporary administrator.
  6. Use small-estate procedures when applicable.
    • If the estate’s assets are small enough to qualify under Hawaii law for informal or summary procedures, you may be able to collect your bequest using an affidavit process without a full administration. Check the Hawaii Judiciary site or court clerk for small-estate rules and required dollar limits for affidavit procedures.
  7. Consider a civil claim against the executor personally.
    • If the executor has taken or converted estate funds, you may have a separate civil claim for conversion or breach of fiduciary duty against the executor personally. This is often used when the executor refuses or absconds with funds.
  8. Use alternative dispute resolution where useful.
    • Mediation or settlement negotiations can be faster and cheaper than contested court proceedings. Courts sometimes refer probate disputes to mediation.

Short hypothetical to illustrate

Suppose your sibling’s will leaves you $10,000 cash and names an executor. The executor opened probate but refuses repeated requests to pay you, saying the estate lacks funds, yet bank records are unclear. You would:

  1. Obtain the probate case number and file copy of the will from the circuit-court clerk.
  2. Send a written demand for payment and an accounting.
  3. If you get no satisfactory reply, petition the court for an accounting and for an order compelling distribution. Ask the court for a surcharge if you can show improper withholding. If the estate is small enough, see if a summary affidavit claim is allowed to collect your $10,000.

What you can expect from the court

  • The court can order the executor to provide records and distribute money if the assets exist and no valid legal reason (creditors, taxes, valid expenses) blocks the distribution.
  • The court can remove an executor who breaches duties and can make that person pay for losses caused by wrongdoing or negligence.
  • Proceedings take time and may incur costs. Courts weigh estate creditors’ rights before making distributions to beneficiaries.

Statutes and resources

Key places to look:

When to hire an attorney

Consider hiring a probate or trust attorney if:

  • The amount in dispute is substantial relative to attorney fees.
  • The executor refuses to cooperate despite written demands.
  • There are signs of fraud, conversion, or the executor has mixed estate funds with personal funds.
  • You need to file petitions in court (to compel accounting, remove the executor, or seek a surcharge).

Helpful Hints

  • Keep all communications in writing and maintain a file with copies of the will, letters testamentary, demand letters, and delivery receipts.
  • Obtain the probate case number from the county circuit court and read the court docket online or at the clerk’s office.
  • Ask the executor for bank statements and the estate inventory; an accounting will clarify whether funds exist to pay your bequest.
  • Act promptly. Waiting can make it harder to find records or to hold an executor accountable.
  • If you suspect the executor is misusing estate assets, ask the court for an emergency hearing to freeze disputed funds or to appoint a temporary administrator.
  • Explore mediation before costly litigation — courts often encourage settlement of probate disputes.
  • If the estate qualifies for a small-estate affidavit, collecting your bequest may be faster and cheaper; check the Hawaii Judiciary page for rules and forms.
  • Document any losses and gather witness statements if the executor disputes the claim or blames creditors.

Reminder: This article provides general information about steps commonly used in Hawaii probate matters and is not legal advice. For guidance about your specific case, contact a licensed attorney in Hawaii or the probate court clerk where the estate is filed.

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.