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All Hawaii County specific forms and documents listed below are included in your immediate download package:
The Following Hawaii and Hawaii County supplemental forms are included as a courtesy with your order.
Cover Sheet (Hawaii Document)
Cover Sheet for Deregistration of a Timeshare (Hawaii Document)
Conveyance Tax Certificate - Form P-64A (Hawaii Document)
Instructions for Form P-64A and P-64B (Hawaii Document)
Exemption from Conveyance Tax - Form P-64B (Hawaii Document)
Instructions for Form P-64B (Hawaii Document)
Certificate of Acknowledgment - Individual (Hawaii Document)
Certificate of Acknowledgment - Corporate (Hawaii Document)
Certificate of Acknowledgment - Power of Attorney (Hawaii Document)
Jurat (Hawaii Document)
Including:
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.
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.
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 and local jurisdictions.
4.8 out of 5 (3723 Reviews) September 29th, 2022
Name: David M.
Review: Holy cow. I was told by several people that getting a deed recorded would take 7-10 days. So I thought I'd give deeds.com a try with their e-filing service. I created my account and submitted my deed around 4:00 p.m. and it was recorded before I woke up the next morning. Awesome service! Totally worth the $19 service fee.
Reply from Staff on September 29th, 2022
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September 28th, 2022
Name: Angel C.
Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.
Reply from Staff on September 28th, 2022
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September 28th, 2022
Name: ian a.
Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
Reply from Staff on September 28th, 2022
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Name: Maria H.
Review: Great job. Helped me through some technical difficulties and got it done!
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Name: Tracey M.
Review: Using Deeds.com was unbelievably quick and easy to file a deed restriction with our local county office. From uploading the initial file to deeds.com, to having a fully recorded document was right on one hour - and all from the comfort of my home. I found your service was easy to use and your staff were very quick in responding to my filing. I will definitely use and recommend deeds.com in the future.
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Name: Douglas N.
Review: Great!
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Name: Debra M.
Review: Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
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Name: David P.
Review: Easy to use, all the information I wanted. Took about a minute to get it.
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Name: Beaugwynn Wigley S.
Review: Thanks so much for all your help! That was painless.
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Name: Joseph I.
Review: Your instructions and sample are geared towards businesses. It would have been helpful to have included some for us individuals as married couples as well. I also recall one or two spelling errors on the form that I could not fix, and the instructions seem to be for a prior form. This particular registry also required a stamped self-addressed envelope for return of documents. Hey, you asked! Overall, pleased.
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Name: James W.
Review: Thank-you for your excellent services
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Name: Robert G.
Review: 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.
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Name: Dana H.
Review: Thanks for making this process a seamless one! I love Deeds.com and will recommend it to others!
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Name: Carol W.
Review: The guide and example provided made it so easy to complete the form. All was in order when I took it to the Register of Deeds. No hassles at all! Thanks.
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Name: MIchelle S.
Review: You had the generic document that I was looking for Yay! The "example" page was helpful and reassuring. The auto input sections of my document looked ok until i printed it and then it appeared to be out of alignment which is why my rating is lowered to 4 stars it would be nice to have the ability to correct the title (created by me) when downloading PDFs for an e-filing
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