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Hawaii - Hawaii County Personal Representative Deed Form

All Hawaii County specific forms listed below are included in your immediate download:


Hawaii County Personal Representative Deed Form Page 1

Personal Representative Deed Form - Hawaii County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/24/2019


Hawaii County Personal Representative Deed Guide Page 1

Personal Representative Deed Guide - Hawaii County

Line by line guide explaining every blank on the form.
Included document last updated 10/1/2019


Hawaii County Completed Example of the Personal Representative Deed Document Page 1

Completed Example of the Personal Representative Deed Document - Hawaii County

Example of a properly completed form for reference.
Included document last updated 9/25/2019


*The Following Hawaii and Hawaii County supplemental forms are included as a courtesy with your order.


Conveyance Tax Certificate

Conveyance Tax Certificate

The person subject to the conveyance tax (usually the grantor) must complete and file the Conveyance Tax Certificate, and pay the conveyance tax to the Bureau of Conveyances no later than 90 days after the date of transaction, regardless of whether the document will be recorded or not; otherwise, penalty and interest will be assessed. A separate instruction sheet is included and covers forms P-64A and B.


Exemption from Conveyance Tax

Exemption from Conveyance Tax

This form is used to request an exemption from the conveyance tax. Instructions, including a list of approved exemptions, are included separately and cover both forms, P-64A and B. Depending on the type of transaction, the form must either be (1) submitted to the Department of Taxation, Technical Section for approval of the exemption, or (2) filed directly with the Bureau of Conveyances.


Cover sheet for recorded documents

Cover sheet for recorded documents

This is the proper cover sheet used when recording a document in Hawaii.


Cover Sheet for Deregistration of Timeshare

Cover Sheet for Deregistration of Timeshare

Use this cover page when recording a conveyance of a timeshare.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Hawaii County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hawaii County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed Forms:

  • Hawaii County

Including:

  • Captain Cook
  • Hakalau
  • Hawaii National Park
  • Hawi
  • Hilo
  • Holualoa
  • Honaunau
  • Honokaa
  • Honomu
  • Kailua Kona
  • Kamuela
  • Kapaau
  • Keaau
  • Kealakekua
  • Keauhou
  • Kurtistown
  • Laupahoehoe
  • Mountain View
  • Naalehu
  • Ninole
  • Ocean View
  • Ookala
  • Paauilo
  • Pahala
  • Pahoa
  • Papaaloa
  • Papaikou
  • Pepeekeo
  • Volcano
  • Waikoloa

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What is the Hawaii Personal Representative Deed?

Leaving Real Property to Heirs in Hawaii

Probate is the court-supervised process by which a decedent's property is devised or distributed to heirs upon death. Any property owned by the decedent that is not subject to non-testamentary transfer by a survivorship tenancy, trust, or recorded transfer on death deed must go through probate. The Uniform Probate Code, codified at Title 30A of the Hawaii Revised Code, governs probate proceedings in Hawaii.

After a petition for probate in the circuit court, the court appoints a personal representative (PR) who will handle administration of the decedent's estate. The personal representative's authority is evidenced by issue of letters testamentary or letters of administration, depending on the circumstances. In some cases, a personal representative may be referred to as an executor (when named in the decedent's will) or an administrator (when the decedent dies without a will). Hawaii uses the general term "personal representative" to refer to both.

Priority for appointment of the PR is established at Haw. Rev. Stat. 560:3-203. Once appointed, the personal representative gathers the decedent's assets and assesses the estate. If the decedent died testate, after paying the valid claims and applicable taxes, the PR devises any remainder according to the terms of the will. If the decedent died intestate (without a will), the estate is distributed pursuant to Hawaii's laws of intestate succession.

One common duty of the personal representative is conveying real property from the estate. If required by the terms of a will, an executor may need to execute a deed to devise or sell real estate. A PR might also seek the court's permission to sell real property to pay the estate's debts or to facilitate the distribution of the estate among multiple heirs or distributees.

PRs use personal representative's deeds to convey real property from a decedent's estate. In Hawaii, a personal representative's deed is a modified limited warranty deed, guaranteeing the grantee's title against claims arising only from the duration that the grantor held title. Persons dealing with PRs are protected under 560:3-714.

Personal representative's deeds name the acting personal representative(s) as the grantor(s) and make reference to the decedent whose property is being conveyed. The deed must meet all requirements for form and function for instruments relating to real property interests in Hawaii, including a complete legal description of the subject property, including the tax map key; prior deed reference; proper granting information, including the grantee's name, address, and vesting; and notarized signatures.

Deeds are recorded through the Bureau of Conveyances in the appropriate system: either Land Court (Torrens) or Regular System. Each parcel of property registered in the Land Court is assigned a certificate of title, on which the chain of title is updated. If the probate property is registered land, additional information may be required by the assistant registrar. Consult a lawyer with questions.

Before making the conveyance, Hawaii law requires the PR to get confirmation of the sale from the court ( 531-29). When the subject property is registered land, the personal representative is required to record with the land court certified copies of the order admitting the estate to probate and the letters, evidencing all orders of the court regarding the personal representative's authority to convey real property [1].

Consult a lawyer with questions about estate administration, probate proceedings, and personal representative's deeds in Hawaii. The information presented in this article is not meant to replace legal advice. Law is subject to change, and a lawyer should always be consulted in matters affecting title to real property.

[1] http://www.courts.state.hi.us

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Get your Hawaii County Personal Representative Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

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We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

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Notice: You are ordering blank forms, NOT a copy of your existing deed.