Quick answer

If someone is using your deceased parent’s accounts, act quickly: collect a death certificate, determine whether a will or account beneficiary/designation exists, contact the banks and card issuers to report the death and unauthorized use, and either get appointed by the probate court as personal representative (executor/administrator) or use a small‑estate collection method if eligible. If use appears criminal (fraud, identity theft, theft), file a police report and preserve evidence. For detailed court procedures and forms see Hawaii courts and the Hawaii Revised Statutes.

Detailed answer — step by step

1. Immediately preserve evidence and limit ongoing loss

• Document unauthorized transactions: take screenshots, print statements, note dates, amounts, payees, and any communications.
• Call each bank and credit card company. Tell them the account owner died and report suspected unauthorized use. Ask them to freeze or place holds on the accounts while the issue is investigated.
• Place fraud alerts and/or a credit freeze with the three major credit reporting agencies (Equifax, Experian, TransUnion) to limit opening of new accounts. Consider reporting identity theft at IdentityTheft.gov for step‑by‑step help: https://www.identitytheft.gov/.

2. Get certified death certificates

Order multiple certified copies of the death certificate from the Hawaii Department of Health (local registrar or funeral director can help). Banks and card companies normally require an original or certified copy to act on the account.

3. Determine account ownership and beneficiary designations

Look for wording on bank accounts and credit cards that shows how funds pass at death:

• Joint accounts with right of survivorship: typically pass automatically to the surviving joint owner and do not need probate.
• Payable-on-death (POD) or transfer-on-death (TOD) designations: funds go to named beneficiaries outside probate.
• Individual accounts with no designation: the estate is usually the owner after death and a personal representative must handle them through probate or small‑estate procedures.

4. Check for a will and identify the proposed personal representative

If there is a will, it may name an executor. If not, Hawaii’s probate process allows a court to appoint an administrator. Only an appointed personal representative has legal authority to access most decedent accounts and to demand account records from banks.

5. Use the appropriate legal route in Hawaii to get authority over accounts

Two common paths in Hawaii:

1. Probate (formal appointment) — best when the estate has significant assets, contested claims, or complex creditor issues. You file a petition in the Hawaii Circuit Court to be appointed personal representative. The court issues letters testamentary or letters of administration giving you legal authority to collect assets and manage debts.
2. Small‑estate procedures or informal collection — when the estate value is small, some banks will release assets for a short amount without full probate upon presentation of a small‑estate affidavit or court‑issued summary letters. Check with the bank first and consult Hawaii court self‑help materials for small‑estate thresholds and forms: https://www.courts.state.hi.us/self-help/probate_and_estate

Hawaii courts handle probate matters in the circuit courts. For general information on probate and estate administration in Hawaii, see the Hawaii State Judiciary probate and estate self‑help section: https://www.courts.state.hi.us/self-help/probate_and_estate . For official texts of Hawaii law, use the Hawaii Revised Statutes online: https://www.capitol.hawaii.gov/hrscurrent/ .

6. Provide required documents to banks and card companies

What banks commonly require:

• Certified death certificate(s).
• A copy of the will (if there is one) and proof of your appointment (letters testamentary or court order). If the bank accepts a small‑estate affidavit, supply that instead.
• Your ID and contact details for the estate’s attorney if applicable.

Once you’re the court‑appointed representative, banks must typically accept your authority to access funds, close accounts, pay valid debts, and distribute remaining assets to beneficiaries per the will or Hawaii intestacy rules.

7. If someone else is using the accounts

• Ask the bank to freeze the account immediately to stop further withdrawals or charges. Provide a certified death certificate and any identity or fiduciary documents you have.
• If the other user claims a right (e.g., joint account), request written proof of ownership or beneficiary designation from them and review account signatures/documents. Joint ownership often gives them immediate rights; fraudulent use should be reported.
• If the bank will not freeze the account or denies your request, seek prompt legal advice and consider filing an emergency petition in probate court to protect estate assets.

8. When the conduct looks like fraud, theft, or identity theft

• File a police report with the local law enforcement agency. Provide your documentation of unauthorized transactions and the death certificate.
• Give copies of the police report to banks and card issuers and ask them to investigate fraudulent transactions and reverse unauthorized charges.
• Consider contacting the state attorney general or the consumer protection division if the behavior is part of a pattern of elder financial abuse. You can also notify Hawaii Adult Protective Services if abuse of a vulnerable elder is suspected.

9. Notify creditors and pay valid estate debts in the correct order

As personal representative you must notify known creditors and follow Hawaii’s probate rules for claims. Do not distribute estate funds until valid debts and taxes are taken care of. For procedural details and forms see Hawaii court self‑help pages and the Hawaii Revised Statutes: https://www.courts.state.hi.us/self-help/probate_and_estate and https://www.capitol.hawaii.gov/hrscurrent/ .

10. Consider getting legal help when:

• The other person refuses to stop using the accounts.
• The estate’s assets are significant or complex (business interests, real estate, out‑of‑state accounts).
• There are allegations of theft, identity theft, or elder financial abuse.

A Hawaii estate or probate attorney can file emergency motions, negotiate with banks, and pursue civil or criminal remedies if necessary.

Helpful hints

• Act fast. Banks and card companies resolve disputes more readily when you report problems quickly.
• Keep originals and make copies: certified death certificate(s), will, account statements, IDs, police reports, and any bank correspondence.
• If a bank requests paperwork you don’t have (for example, letters of administration), ask whether they will temporarily freeze the account until you secure court documents.
• Don’t rely on verbal promises — get bank commitments in writing where possible.
• Keep careful records of all contacts (names, dates, what was said) with banks, credit card companies, and law enforcement.
• If someone was lawfully authorized to use the account (power of attorney, joint owner), that person’s rights may differ; a power of attorney ends on death and does not give post‑death authority.
• Credit card companies often close accounts on notice of death; dispute fraudulent charges promptly and request refunds for unauthorized use.
• Use the Hawaii Judiciary self‑help probate resources for forms and guidance: https://www.courts.state.hi.us/self-help/probate_and_estate .
• For federal identity theft resources and step‑by‑step recovery, see IdentityTheft.gov: https://www.identitytheft.gov/.