When Can an Executor (Personal Representative) Be Removed in Hawaii?

Short answer: Under Hawaii law, a personal representative (commonly called an executor) can be removed by the probate court when they are unfit, incompetent, have breached their fiduciary duties, have mismanaged or wasted estate assets, refuse to perform required duties (including accounting), are conflicted, or for other cause shown that removal is in the best interests of the estate or the heirs/beneficiaries. Interested persons (heirs, beneficiaries, creditors, co-personal representatives) may file a petition asking the court to remove and replace the personal representative.

Detailed Answer — How removal works under Hawaii law

This section explains the legal framework, common grounds for removal, how a removal case proceeds in court, and what remedies the court can order. This is educational information only and not legal advice.

Who is covered and what the court calls them

In Hawaii the person appointed to administer a decedent’s estate is usually called a “personal representative.” The same rules that allow removal of an “executor” in other states generally apply here to a personal representative under Hawaii probate law. See Hawaii probate statutes for the governing provisions: Haw. Rev. Stat. ch. 560 (Probate and Administration).

Common legal grounds for removal

Breach of fiduciary duty: Misappropriating estate funds, self-dealing (selling estate property to themselves at an unfair price), or failing to follow court orders.
Failure to account or to administer: Refusing or neglecting to provide required inventories, accountings, or to communicate with beneficiaries about estate progress.
Incapacity or incompetence: Physical or mental inability to carry out duties.
Conflict of interest: Personal interests substantially adverse to the estate or beneficiaries (including criminal convictions that affect fitness).
Mismanagement or waste: Reckless decisions that reduce estate value (unauthorized sales, poor investments, unpaid taxes causing penalties).
Refusal or failure to give required bond or to qualify: If the court requires bonding and the personal representative fails to post bond where necessary.
Other cause shown: Courts have wide discretion to remove a personal representative when removal is necessary to protect the estate or beneficiaries.

Who may ask the court to remove a personal representative?

“Interested persons”—commonly heirs, beneficiaries, creditors, or co-personal representatives—may file a petition in the probate court asking for removal. The probate judge will consider whether the petition shows grounds for removal and whether removal is in the estate’s best interests.

Typical court process

File a petition with the probate court describing the grounds for removal and supporting facts/evidence.
The court gives notice to the personal representative and other interested parties; there will usually be a hearing.
The court may temporarily suspend the personal representative’s powers or appoint a temporary administrator if immediate action is needed to protect estate assets.
If the court finds sufficient cause, it can remove the personal representative and appoint a successor, order an accounting, surcharge (monetary liability) for losses caused by misconduct, or take other equitable steps.

Possible outcomes and remedies

When removal is appropriate, the court can:

Remove and replace the personal representative; appoint a successor or a temporary administrator.
Require a full accounting and documentation of estate receipts and disbursements.
Order restitution, surcharges, or an offset against distributions if the removed representative misused estate funds.
Require bond or other security from a successor representative.
Refer criminal activity (e.g., theft) to law enforcement if appropriate.

Hypothetical examples

Example 1 — Failure to account: Beneficiaries repeatedly request an inventory and accounting. Months pass and the personal representative refuses to provide bank statements and receipts. An interested beneficiary files a petition. The court can compel an accounting and, if the delay continues or the accounting shows misconduct, remove the representative.

Example 2 — Misuse of funds: A personal representative pays themselves for personal expenses from an estate account and cannot justify the payments. Beneficiaries petition for removal and for surcharge to recover the misused funds. The court can remove the representative, order repayment, and appoint a new representative.

Example 3 — Incapacity: The representative becomes seriously ill and unable to manage estate business. A co-personal representative or beneficiary can ask the court to remove or temporarily suspend the representative and appoint someone who can act.

Evidence useful to support removal

Courts look for clear documentation. Useful evidence includes:

Bank records for estate accounts.
Receipts and canceled checks showing estate disbursements.
Copies of required inventories, accountings, and communications with beneficiaries.
Appraisals, bills, or expert reports showing loss or waste of estate assets.
Correspondence showing neglect, refusal to cooperate, or admission of wrongdoing.

Practical steps to take if you suspect a problem

Request an accounting in writing. Courts expect beneficiaries to ask for an accounting before filing a petition in many cases.
Gather and preserve relevant documents and communications.
Talk to an attorney experienced in Hawaii probate law before filing a petition. An attorney can draft the petition, identify emergency relief (temporary administrator), and gather the right evidence.
If estate assets are at immediate risk, ask the court for temporary relief to freeze or secure assets pending a full hearing.

Where to find the laws and forms

Hawaii’s probate statutes and rules govern appointment, duties, and removal of personal representatives. Start with the state statutes and the Hawaii State Judiciary probate resources:

Hawaii Revised Statutes, Chapter 560 (Probate and Administration)
Hawaii State Judiciary — Probate Self-Help & Forms (forms and procedural information)

Helpful Hints

Document everything: keep copies of requests for information, responses, and financial records.
Act promptly: if estate assets are being wasted or stolen, request emergency court relief immediately.
File a petition only after trying to resolve issues informally if time and circumstances allow; courts may consider whether beneficiaries tried to resolve disputes first.
Remember the role: a personal representative is a fiduciary with strict duties—lack of knowledge of probate laws is not usually a defense to gross negligence or intentional misconduct.
Consider alternatives: sometimes the court will order an accounting or require bond instead of removal if the representative can correct the problem.
Consult a probate attorney licensed in Hawaii to evaluate the strength of a removal petition and to prepare evidence and pleadings consistent with local probate rules.

Disclaimer: This article is for general informational purposes only and does not provide legal advice. It does not create an attorney-client relationship. For advice about a specific situation under Hawaii law, consult a licensed attorney.