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HRS §560:3-811

How the estate can use counterclaims against a claim

When someone makes a claim against an estate, the person in charge of the estate can subtract any counterclaim the estate has against that person. If the counterclaim is bigger than the claim, the court can order the claimant to pay the difference. Counterclaims can come from unrelated transactions and can be for more or different relief than the claim.

courtscreditorsdebtorspersonal representatives

The statute, as written — Counterclaims

In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.