Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Hawaii for advice tailored to your situation.
Detailed Answer
Under Hawaii law, an interested person may ask the probate court to remove an estate administrator who refuses to carry out their duties. An administrator—also called a fiduciary—is responsible for collecting assets, paying debts, filing inventories and accountings, and distributing property according to the will or intestacy rules. When the administrator neglects these tasks or mismanages the estate, removal may be warranted.
Statutory Authority: Hawaii Revised Statutes §560-6 empowers the court to remove a fiduciary “for cause” upon petition by any interested person. Causes include neglect of duty, waste of estate assets, failure to comply with court orders, conflicts of interest, refusal to file required inventories or accountings, or misconduct.
Step-by-Step Process:
- Identify “Interested Persons.” This typically includes heirs, beneficiaries, or creditors with a recognized stake in the estate.
- Prepare a Petition. File a written petition in the probate court that appointed the administrator. Detail the specific failures or misconduct—e.g., missed deadlines, unfiled inventory, misappropriation of funds.
- Serve Notice. Serve the petition on the administrator and all other interested persons, following Hawaii Rules of Civil Procedure for probate matters.
- Provide Evidence. Attach documentation such as notices of missed filings, bank statements showing unauthorized disbursements, or sworn statements from co-heirs.
- Propose a Successor. The petition should suggest a replacement fiduciary. The court may appoint an alternate nominated in the will or select another qualified person.
- Attend the Hearing. A court hearing will follow, during which the judge reviews the cause and evidence. The administrator may respond or object.
- Court Order. If the court finds sufficient cause, it issues an order removing the administrator and appointing the successor. The removed administrator must turn over estate records and funds to the new fiduciary.
Key Statutes:
Helpful Hints
- Gather clear proof—copies of court filings or bank records—to illustrate neglect or misconduct.
- Act promptly: Hawaii probate courts may grant administrators broad latitude unless challenged early.
- Keep communication professional and in writing to document attempts at resolution before filing.
- Consider mediation if the dispute stems from misunderstandings or minor delays.
- Verify bond requirements: the successor may need to post a bond under HRS §560-12.
- Consult an attorney if the estate holds complex assets like real estate or business interests.