My Relative Just Died in Hawaii. I Do Not Live in Hawaii and I Have No Information on His Assets or His Estate. Please Help!

October 11, 2024

This law firm receives phone calls almost daily from inquisitive relatives living on the mainland or overseas regarding the death of a relative.
The potential client only tells us that they have no information other than a notice of death and perhaps where the location of the body is. Now, understandably, they want to know:

  1. Did he or she die with assets?
  2. Who has the authority to provide for cremation or burial services?
  3. What are the assets?
  4. Where are the assets located?
  5. Did the person leave a Will or a Trust?
  6. Who should be notified of the death?
  7. Who should be put in charge of collecting the assets?  
  8.  Did the caller inherit anything?

The answer to these questions can be difficult, and full answers would be the subject of a very long dissertation. This is particularly true when a decedent has been living alone, without close relatives, family members, or friends who are familiar with the decedent’s personal and financial affairs.
This article attempts to walk the reader through some of the issues that one confronts when trying to identify assets and locate a Will or Trust that the decedent may have left behind.
Generally, the first place to start is to obtain an Order from the Probate Court or what is called an “Affidavit for Collection” for estates that are known to be below $100,000 in assets and own no real estate in Hawaii. Generally, Affidavits require a fair amount of knowledge regarding a decedent’s financial affairs. Either of these legal instruments will allow a relative or an individual to legally act on behalf of the decedent’s estate. This individual would have the legal authority to approach various institutions and third parties that may hold assets.    The goal of the personal representative who is put in charge by the court is to collect assets, pay debts, and distribute the assets according to a Will or a Trust, or pursuant to Hawaii’s laws of intestate succession, which determines where assets go when a decedent does not have a written Will or Trust. 
It takes approximately one month to receive an order from the court authorizing an individual to act on a decedent’s behalf. That appointed individual does not have to be a resident of Hawaii or even the United States. Our law firm charges a flat fee to assist in the appointment process.   Once a personal representative is appointed, if possible, it is suggested that the personal representative visit the decedent’s last place of residence to begin the laborious process of going through the decedent’s belongings and mail to find clues as to where assets may reside. Accessing a decedent’s email account and computer hard drive may be required to ascertain the location of mutual fund accounts, stock brokerage accounts, pensions, savings accounts, checking accounts, and other assets. 
In the case of real estate, law firms can perform a title search, and title companies can determine whether an individual holds real estate in the State of Hawaii.
Law firms do not investigate a decedent’s computers and piles of mail in cases where a personal representative cannot travel to Hawaii.  However, third-party services are available to do this type of work.
In terms of insurance policies and annuities, there is a national depository for insurance policy information with certain participating insurance companies and financial service companies. There is a national insurance policy locator service on the web at NAIC.org. By filling out the forms and submitting them over the Internet, you may be able to locate a potential life insurance policy or annuity belonging to the decedent.
With respect to local bank accounts, once an individual has the authority from the probate court, it may be desirous to contact all the local banks to determine if the decedent left a checking or savings account.
It may also be possible to write to the Internal Revenue Service to get a copy of the decedent’s last tax return, which could provide clues as to where investments were located.
A law firm or other individuals can check the local probate court records to see if a Will has been admitted to probate. Also, in the case of private trust agreements, which are not registered with the court typically, the Probate section of the Hawaii State Bar Association may be able to assist in contacting various estate planners in Hawaii to see if a Trust was prepared and executed by the client of an attorney licensed to practice law in Hawaii.
Once an individual has been appointed personal representative, they only have the authority to commence and take possession of the decedent’s body and provide for funeral arrangements and/or cremation if the will authorizes them in writing to do so or the priority statute discussed below permits them to take control.    Hawaii law has a statute, HRS § 531B-4, which sets forth a priority list of individuals who have the right to control the disposition of a decedent’s remains and the location, manner, and conditions of disposition of those remains. If a decedent’s Will or Trust designates someone to take control of their funeral and burial, that person has priority above everyone else. If no other relatives exist, any person willing to assume responsibilities may take possession of the body and direct disposition after attesting in writing that a good faith effort has been made to notify the decedent’s next of kin under the statute.   In summary, if an individual does not have proper estate planning when they pass away, a relative can be faced with the time-consuming and challenging task of locating assets and dealing with the administration of the decedent’s estate.  Law firms can provide invaluable assistance in this process, but they are not a substitute for doing the necessary “boots on the ground” work in Hawaii.  Individuals who do not have the ability or time to travel to Hawaii may wish to seek to appoint an independent personal representative or corporate fiduciary in Hawaii to undertake much of the investigative work. As a result, a relative or other interested person may be required to advance fees or costs that would be reimbursable from the estate if assets are found.
If you would like to start the informal probate process with our law firm, please contact us at (808) 523-3080 to start the process of estate administration and appointment of a personal representative for a decedent who dies with assets in Hawaii.

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