Detailed Answer
When a decedent passes away and co-heirs refuse to cooperate, freezing bank accounts can prevent unauthorized withdrawals and protect estate assets. In Hawaii, you typically must seek court approval and provide specific documentation to secure these accounts. Below is an overview of the key steps and required documents under Hawaii law.
1. Certified Death Certificate
Submit a certified copy of the decedent’s death certificate to the probate court. The court uses this to confirm the decedent’s passing. See Hawaii Revised Statutes §560:3-202 (Evidence of death of testator).
2. Petition for Special Administration
File a petition in the probate division requesting appointment of a special administrator. This individual has limited authority to preserve estate assets, including bank accounts, until a personal representative takes over. Required elements include:
- The decedent’s full name, date of death, and last known address
- An explanation of why co-heirs refuse to cooperate
- A list of known assets, including bank accounts and institutions
- The names and addresses of all interested parties
Refer to HRS §560:3-307 (Special administration).
3. Oath and Bond by the Special Administrator
The court requires the proposed special administrator to take an oath and post a bond to ensure faithful performance of duties. See HRS §560:3-310 (Oath and bond).
4. Letters of Special Administration
Once approved, the court issues Letters of Special Administration. You must present certified copies of these letters to the bank. The bank relies on them as evidence of authority to act on behalf of the decedent’s estate.
5. Court Order to Freeze or Secure Accounts
If the bank requires further proof or hesitates, you can obtain a supplemental court order directing financial institutions to freeze or secure specific accounts. This order can include injunctive relief under HRS §634-1 (Injunctive relief).
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult an attorney licensed in Hawaii to discuss your specific situation.
Helpful Hints
- Contact your local probate court clerk for filing fees and requirements.
- Gather all original documents (death certificate, will) before filing.
- Keep copies of all filings and correspondence with the court and banks.
- Notify co-heirs of your petition to reduce claims of improper process.
- Consider consulting a probate attorney to streamline the process.