My Account Deeds.com Real Estate Deeds

Hawaii Transfer on Death Deed

Transfer on Death Deeds in Hawaii

In 2011, Hawaii enacted its version of the Uniform Real Property Transfer on Death Act (URPTODA), found at Chapter 527 of the Hawaii Revised Statutes.

Along with Hawaii, a growing number of states are choosing to adopt the provisions of the URPTODA. The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed.
Transfer on death deeds are nontestamentary, which means ownership of the property passes to the beneficiary without instructions in a will or the need for probate (5277). Unnecessary conflicts are likely to add confusion and expense, however, so property owners should take care to ensure that their wills and TODDs contain the same instructions.

Hawaii's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds:

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will (5278, 560:2-501).

It must contain the essential elements and formalities of a properly recordable inter vivos deed, such as warranty or quitclaim deed (5279(1))

It must state that the transfer to the designated beneficiary is to occur at the transferor's death (5279 (2))

Most importantly, it must be recorded before the transferor's death in the office of the clerk of the county commission in the county where the property is located (5279 (3)).


The named beneficiary gains no present rights to the property, only a potential future interest. Instead, the transferors retain absolute control during their lives. This includes the freedom to sell or transfer it to someone else, and to modify or revoke the intended transfer on death (52712). These details, along with the fact that TODDs only convey the property rights remaining, if any, at the owner's death, explain why they do not require notice or consideration (52710).

According to 52713(a), the beneficiary gains equitable interest in the property ONLY when the owner dies. Note, however, that the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate. To prevent this from happening, the owner may identify one or more contingent beneficiaries. All beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (52713(b)).

With the new transfer on death deeds, real property owners in Hawaii have access to a convenient, flexible tool for managing one aspect of a comprehensive estate plan. Even so, a TODD may not be appropriate for everyone. Since each situation is unique, contact an attorney with specific questions or for complex circumstances.

Deeds.com Hawaii Transfer on Death Deed Forms Have Been Updated as Recently as Thursday July 9, 2020

4.8 out of 5 (1589 Reviews)

What others like you are saying:


Robert S. said: The cost was well worth it. It was very easy to download, fill in the necessary information and then print the deed. I filed my need deed today and everything was complete and accurate because of the example you provided.

Reply from Staff: Thanks Robert, we appreciate your feedback!


Russell F. said: Thanks for the prompt response to my inquiry. I appreciate the extra effort provided by Tom and Melbra. Great job!

Reply from Staff: Thank you!


Kimberly M. said: Great service. Very helpful and quick. Love Deeds.com and will be using their services again.

Reply from Staff: Thank you for your feedback Kimberly, we really appreciate it!


Gary K. said: Straightforward and pretty easy to use. The only downside is that there is no way to contact them directly. The number on the website is answered only by a voicemail with no return calls. Pricing seems fair compared to other services and much more efficient that filing "over the counter."

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Robert G. said: Excellent. I needed a NOC recorded immediately and you guys made it happen when all other avenues looked like they were not going to be possible. Thank you very much.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Raymond M. said: It would be really nice if you had an example of the document full size that can be examined/read before having to pay. I was gambling that it was the exact document that I needed when I paid my fee. Fortunately, it was, and I commend you for that.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Select County where the property is located.

Hawaii Transfer on Death Deed Form