Hawaii - Hawaii County Transfer on Death Deed Form

Name: Transfer on Death Deed
Brand: Deeds.com
Rating: 4.7 (983 reviews)

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

Hawaii County Transfer on Death Deed Form Page 1

Transfer on Death Deed Form - Hawaii County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/23/2019

Hawaii County Transfer on Death Deed Guide Page 1

Transfer on Death Deed Guide - Hawaii County

Line by line guide explaining every blank on the form.
Included document last updated 11/7/2019

Hawaii County Completed Example of the Transfer on Death Deed Document Page 1

Completed Example of the Transfer on Death Deed Document - Hawaii County

Example of a properly completed form for reference.
Included document last updated 11/7/2019

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

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

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

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

Cover Sheet for Deregistration of Timeshare

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

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 Transfer on Death 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 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.

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Save Time and Money

Get your Hawaii County Transfer on Death 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.

Our Promise

The documents you receive here will meet, or exceed, the Hawaii County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.7 out of 5 (983 Reviews)

November 18th, 2019

Name: sakkubai p.

Review: It was easy to download and I love it.I am going to take them to our attorney. If she approve it I am going to print for other counties too, where we have other properties. thanks.