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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 5/7/2020
Transfer on Death Deed Guide - Hawaii County
Line by line guide explaining every blank on the form.
Included document last updated 5/21/2020
Completed Example of the Transfer on Death Deed Document - Hawaii County
Example of a properly completed form for reference.
Included document last updated 5/1/2020
*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.
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.
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.
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.
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