Detailed answer — what to do when you receive a payment with no explanation from the personal representative
Short answer: In Hawaii the personal representative (executor or administrator) must act as a fiduciary and generally must keep beneficiaries informed and account for estate actions. If you get a distribution without any explanation of how your share was calculated, first ask for a written accounting and supporting documents. If the personal representative refuses or the explanation is inadequate, you can ask the probate court to compel an accounting, file objections, and pursue remedies for breach of fiduciary duty. Consult a probate attorney to evaluate next steps.
Why you have a right to information
A personal representative owes duties to beneficiaries, including duties to marshal estate assets, pay valid debts and taxes, and to account for receipts, disbursements, and distributions. Beneficiaries have a right to receive an accounting or sufficient records that show how the estate was administered and how your payment was calculated. For Hawaiian law about probate and the duties of fiduciaries, see the Hawaii Revised Statutes, Chapter 560 (Probate): HRS Chapter 560. For practical court forms and how to start a probate petition or request relief from the probate court in Hawaii, see the Hawaii State Judiciary probate pages: Hawaii Judiciary — Probate & Trust forms & info.
Step-by-step actions to take
- Send a written request. Send a polite, written demand to the personal representative asking for a full accounting or an explanation of the distribution. Request copies of the will (if applicable), estate inventory, appraisals or valuations, bank statements showing the distribution, accounting of receipts and disbursements, itemized fees paid (including any agent/trustee fees or attorney fees), debts and tax payments, and the calculation showing how your share was determined. Keep a copy of your request and deliver it by certified mail or email with read receipt so you have proof.
- Ask for specifics. If the distribution is less than you expected, ask whether there were loans or advances to other beneficiaries, creditor claims paid, taxes withheld, funeral or administration costs, or fees that reduced your share. Request dates and amounts so you can verify each deduction.
- Review any documents you receive. Compare the provided accounting or records to the will (or intestacy rules if there is no will). Look for unexplained expenses, duplicate charges, low or missing asset valuations, or distributions to others that don’t match the will or statutory shares.
- If the response is missing or inadequate — escalate to the probate court. In Hawaii you can ask the probate court to compel an accounting, to review the personal representative’s actions, and to correct distributions. Typical court remedies include ordering a formal accounting, requiring production of records, removing the personal representative for misconduct or incapacity, and ordering restitution or surcharge if the representative misapplied estate assets. For how to file in Hawaii courts, use the Hawaii Judiciary self-help resources linked above.
- Preserve communications and evidence. Keep emails, letters, certified mail receipts, bank statements you receive, and notes of phone calls. Those records are important if you later file a petition in court.
- Consider alternative dispute resolution. If the estate administration is complicated or parties have a relationship to preserve, mediation or settlement negotiations may be faster and less expensive than litigation. A probate attorney or mediator experienced in estate disputes can assist.
- Talk to a probate attorney if needed. If you suspect wrongdoing, significant errors, or if the personal representative refuses to provide a reasonable accounting, consult a lawyer who handles probate and estate litigation. You can contact the Hawaii State Bar Association for referrals: hsba.org.
Common remedies the court can order
- Order the personal representative to file a formal accounting and produce supporting documents.
- Require an explanation of specific deductions or distributions.
- Surcharge the personal representative (order repayment) if they misused estate funds or acted negligently.
- Remove the personal representative for breach of fiduciary duty, gross mismanagement, dishonesty, or incapacity.
- Adjust distributions if errors or unequal treatment are revealed.
What to request in your initial written demand
Make a clear, organized request so the personal representative knows what you need. Include:
- A copy of the will and any codicils (if one exists).
- An inventory of estate assets and their valuations or appraisals.
- An itemized accounting of all receipts and disbursements from estate accounts.
- Copies of bank statements showing the payment to you and related transactions.
- Itemization of administration expenses, attorney fees, and any fees paid to the personal representative.
- An explanation of why any debts, taxes, or advances reduced your share (with documentation).
Timing and practical notes
Give the personal representative a reasonable deadline to respond (commonly 10–30 days depending on the complexity). If the estate is in active administration, distributions may be interim and final distributions usually require a final accounting. Keep in mind that courts often allow some flexibility for reasonable delays, but they will enforce accountability if the representative ignores reasonable requests or acts dishonestly.
When to hire an attorney
Consider hiring a probate attorney if:
- The personal representative refuses to provide documents or an explanation.
- The accounting shows irregularities, suspicious transactions, or major unexplained expenses.
- You believe the personal representative has a conflict of interest or is self-dealing.
- Large sums are involved or removal of the representative may be necessary.
Resources
- Hawaii Revised Statutes — Probate (Chapter 560): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/
- Hawaii State Judiciary — Probate & Trust forms and self-help: https://www.courts.state.hi.us/self-help/court_forms/probate_and_trust
- Hawaii State Bar Association (lawyer referral & resources): https://hsba.org/
Helpful Hints
- Be specific in your document requests. General requests are easier to evade.
- Use written communications (email or certified mail) so you have a record.
- Ask for itemized receipts for administrative expenses or fees paid to professionals.
- Check whether the distribution was interim; final distributions should usually follow a final accounting.
- Don’t delay — statute-of-limitations and court deadlines can affect your right to challenge an accounting or removal.
- If relationships are strained, mediator-led negotiations can resolve disputes without full court litigation.